Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 72

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 72

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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. 1895 edition. Excerpt: ...was also filed by the prosecuting attorney, charging the larceny, and also that the appellant was in custody in the jail of that county on a charge of the same larceny, and that no grand jury was in session, and had not been since the arrest of the appellant. The defendant pleaded guilty to the charge, and was sentenced to imprisonment in the penitentiary.. It_ is assigned for error that the affidavit does not state facts sufficient to constitute a public offence, for which the appellant could be put upon trial by information. In the case of Lindsey v. The State, ante, p. 39, it was held that the aflidavit must state the facts which give the court authority to try a party for a felony on aflidavit and information without indictment; and that, if it does not, advantage may be taken of the defect by motion in arrest of judgment. That case is decisive of the present; for whatever is sufficient to arrest the judgment, may be assigned for error. See Arbintrode v. The State, 67 Ind. 267. The common-law mode of prosecution for felony is by indictment, and where the State prosecutes without indictment, by aflidavit and infor'mation, the facts authorizing that mode of prosecution should be verified as well as the commission of the offence. The statute does not contemplate, as we think, that the affidavit may state less than is required to be stated in the information. There is no hardship in this construction, for if the person who makes afiidavit of the commission of the offence has no knowledge of the facts which authorize a trial without indictment, upon aflidavit and information, his affidavit may be supplemented by that of some person who has knowledge of such facts. The judgment below is reversed, and the cause remanded for such more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • Illustrations, black and white
  • 123678118X
  • 9781236781185