(Download) "Butler Et Al v. State Indiana" by 034 Supreme Court of Indiana No. 28 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Butler Et Al v. State Indiana
- Author : 034 Supreme Court of Indiana No. 28
- Release Date : January 04, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The appellants were jointly tried and convicted in the City Court of the City of Fort Wayne upon a charge of fornication. They appealed to the Allen Circuit Court where, upon trial, they were again convicted, and from which conviction this appeal is prosecuted. The questions presented arise upon the action of the court in overruling the motion for a new trial. Six causes are stated in the motion for new trial. One of the causes was that a new trial should have been granted for the reason that appellants were surprised by certain testimony of the State's witness, Leota Pearl Wells. This cause can not be reviewed, as it is not properly presented. Appellants' statements with regard to this testimony, and supporting affidavits with regard to new evidence which could be presented on retrial, appear only in the verified motion for a new trial. ""It has been repeatedly decided, and it is well settled, that affidavits supporting a motion for a new trial can only be brought into the record by a bill of exceptions, and that the motion for a new trial, though itself a part of the record, 'does not constitute evidence of the truth of the alleged causes for the motion, and this is so, even though the motion be sworn to or accompanied by affidavit in support of it."" McCallister v. State (1940), 217 Ind. 65, 73, 26 N.E.2d 391. See also Shriner v. State (1943), 221 Ind. 250, 47 N.E.2d 139; Bowling v. State (1942), 220 Ind. 497, 44 N.E.2d 171.
 "Butler Et Al v. State Indiana" by 034 Supreme Court of Indiana No. 28 ~ eBook PDF Kindle ePub Free){kind=link}