Legal Opinion

Kendall v. State

Indiana Supreme Court

Decided July 1, 1914No. 22,608PublishedCited by 7 opinions

Prom. Lawrence Circuit Court; Albert J. Fields, Special Judge. Prosecution by the State of Indiana against Perry A. Kendall and another. Prom a judgment of conviction, the defendants appeal.

1Opinion of the CourtErwin, J.

— This appeal is from a judgment of conviction for the crime of adultery. The questions presented by appellants’ assignment of errors, and not waived, are overruling a motion for a venire de novo and overruling a motion for a new trial.

1. 2. The motion for a venire de novo was on the alleged grounds, that the verdict of the jury is so uncertain, indefinite and ambiguous that no judgment can be rendered thereon, both as to the fine assessed and the imprisonment to be imposed. The verdict returned by the jury reads as follows: “We the jury find the defendants guilty and fix their punishment at…

2Cases cited4 opinions

  1. Central Union Telephone Co. v. FehringIndiana Supreme Court · 1896
  2. Boland v. ClaudelIndiana Supreme Court · 1914
  3. Weidenhammer v. StateIndiana Supreme Court · 1918
  4. Garrett v. State ex rel. HuntsingerIndiana Supreme Court · 1898

3Cited by7 opinions

  1. Goodman v. StateIndiana Supreme Court · 1919
  2. Richey v. StateWyoming Supreme Court · 1921
  3. De Hority v. StateIndiana Supreme Court · 1939
  4. Goss v. StateAlaska Supreme Court · 1962
  5. Brodie v. StateIndiana Supreme Court · 1930

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