Duncan v. State
Indiana Supreme Court
From Hancock Circuit Court; Robert L. Mason, Judge. Prosecution by The State of Indiana against Francis M. Duncan. From a judgment of conviction, defendant appeals.
1Opinion of the CourtMontgomery, J.
Appellant was convicted of murder in the second degree, and assigns error upon the overruling of his motion for a new. trial. The motion for a new trial was predicated upon the giving of improper instructions, the refusal to give instructions at the request of appellant, and the erroneous admission and exclusion of evidence
1. *4472. *446Instructions four, twenty-six, twenty-nine and thirty, given by the court, are attacked upon the ground that in each of them the burden of establishing his defense beyond a reasonable doubt was erroneously imposed upon appellant. Agreeing upon the legal principle…
2Cases cited16 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Eacock v. StateIndiana Supreme Court · 1907
- Baltimore & Ohio Southwestern Railway Co. v. ConoyerIndiana Supreme Court · 1897
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- White v. StateIndiana Supreme Court · 1971
- Matthews v. StateIndiana Supreme Court · 1958
- Duke v. StateIndiana Supreme Court · 1968
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911
- McCutcheon v. StateIndiana Supreme Court · 1927
17 more not listed; retrieve them via the Exa API.