Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 22
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...to do so. But in an action of this kind trial may be had, without an answer being filed. DeP1'iest v. State, ex rel., 68 Ind. 569; M clteynolds v. State, ca: rel., 52 Ind. 391. But immediately after this motion was overruled appellant filed an answer in general denial, and, while the trial might have properly proceeded without an answer, he had whatever benefit arose from the answer having been filed. The court did not err in overruling the objection to the submission of the cause for trial. In his motion for a new trial appellant assigned twenty two reasons, and we will only consider those he has discussed. In his third reason for a new trial appellant alleges error in giving instructions eleven, twelve, and thirteen. By the eleventh_ instruction the jury were told that if they found from the evidence that in March, April, and May, 1897, appellant had sexual intercourse with the relatrix, and that as a result thereof, she became pregnant with a bastard child, then defendant would be the father of such child, and that they might so find. This instruction so plainly and clearly states the law, that a discussion of it would be a waste of time. Instruction number twelve is as follows: Some evidence has been introduced as tending to show that the relatrix made certain statements to the defendant that others had sexual intercourse with her than the defendant; this was allowed to go before you as tending to affect the credibility of the relatrix as a witness, and you will consider it for no other purpose. The relatrix was asked if she did not state to appellant that she had had sexual intercourse with one Elmer Frost, and she answered the question in the negative. Counsel for appellant say that this question was asked, to lay the...
- 189 x 246 x 14mm | 472g
- 13 Sep 2013
- Illustrations, black and white