Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 76

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 76

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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. 1883 edition. Excerpt: expressly forbidden by statute, and the wrong can not, it has been held, be cured by an instruction to the jury to disregard it. Long v. The State, 56 Ind. 182; Knight v. The State, 70 Ind. 375. But not every trangression of counsel beyond the bounds of strictly proper discussion can be deemed a fatal and incurable error; and, whatever its character, it can not be made available unless pointed out to the lower court, and the ground of objection specifically stated; and the fact that the court may have reque'sted or commanded counsel not again to interrupt the argument is no excuse for their failure to comply with this rule of practice. In this connection, it may be noted that the appellants have endeavored to make a point upon the fact that the court refused them the right to reply to a part of the closing argument made in behalf of the State, claiming that new points, not suggested in the opening argument, had been advanced. The record, however, does not show that all the points of the closing argument were not presented in the opening speech; and, if the fact were shown, it would not be available. because not stated among the causes fora new trial. The next inquiry is, whether the court erred in refusing to give the sixth instruction asked by the appellants. It is as follows: "Gth. The law presumes the defendants innocent untit the contrary is proved. This presumption is expressly given by the statute. It is the most favored and powerful legal presumption in the criminal law, and overrides all other counter legal presumptions; that is, you can not convict the defendants upon the proof of any circumstances or facts which only raise a presumption of their guilt, from the fact that any presumption of their guilt which may more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 123699387X
  • 9781236993878