Legal Opinion

Duncan v. State

Indiana Supreme Court

Decided December 17, 1908No. 21,265PublishedCited by 22 opinions

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

  1. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  2. Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
  3. Eacock v. StateIndiana Supreme Court · 1907
  4. Baltimore & Ohio Southwestern Railway Co. v. ConoyerIndiana Supreme Court · 1897
  5. Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. White v. StateIndiana Supreme Court · 1971
  2. Matthews v. StateIndiana Supreme Court · 1958
  3. Duke v. StateIndiana Supreme Court · 1968
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911
  5. McCutcheon v. StateIndiana Supreme Court · 1927

17 more not listed; retrieve them via the Exa API.

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