Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 63

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 63

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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. 1879 edition. Excerpt: ...did not subpoena his witnesses until the 27th day of November, 1878. The aflidavit is also defective in not showing when the attendance of the witnesses can be procured, or whether ever. It does not fulfil the requisites of the statute to obtain a continuance of a cause. 2 R. S. 1876, p. 164, sec. 322. Nor does it come within the decisions of this court. Hall v. The State, 8 Ind. 439; Deming v. Patterson, 10 Ind. 251; Mugg v. Graves, 22 Ind. 236; McKi1ilay v. Shank, 24 Ind. 258; Ward v. Colyhan, 30 Ind. 395; llliller v. The State, 42 Ind. 544; Wolcott v. Mack, 53 Ind. 269; Beavers v. The State, 58 Ind. 530; The Ohio and Miss. R. W. C0. v. Dickerson, 59 Ind. 317.-5. On motion of the State, the court allowed a special venire to issue for thirty persons to serve as jurors. To this the appellant objected and excepted. It does not appear that any of these jurors, if they were summoned, were empanelled in the case we are considering, nor that objection was made and reserved by the appellant to any juror. The court has the power to empanel a special jury whenever the business of the court requires it, and, if done over the objection of the party opposing it, it will not be error. 2 R. S. 1876, p. 13, sec. 3, act of March 7th, 1873; Evarts v. The State, 48 Ind. 422; l'Vinsett v. The State, 57 Ind. 26. ' 6. After the State had closed the evidence in chief, and while the appellant was introducing evidence on the part of the defence, the court, over the objections and exceptions of the appellant, allowed the State to call a witness as to original matter on behalf of the State in chief, to which original matter the witness testified. This ruling falls within the sound discretion of the court. It does not appear but that the appellant had a full more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • English
  • Illustrations, black and white
  • 1236866541
  • 9781236866547