Althoff v. State of Indiana

Tremain, J.,

dissenting.—The decision in the case of Warren v. State (1935), 208 Ind. 526, 196 N. E. 710, is determinative of the questions presented in this case, and upon the authority of that case this case must be reversed.

There is involved, in this appeal, a question which was not presented in the Warren case. The appellant was tried before a jury of Vanderburgh county twice before his conviction from which this appeal was taken. In the former trials the juries disagreed. In the preparation for the trial resulting in his conviction the trial judge, pursuant to §9-1507, Burns 1933,…