Middaugh v. State
Indiana Supreme Court
From Marion Criminal Court (51,739); Harry O. Chamberlin, Special Judge. Prosecution by the State of Indiana against Charles Middaugh. From a judgment of conviction, the defendant appeals.
1Opinion of the CourtTownsend, C. J.
Appellant was convicted in the city court of Indianapolis of a violation of the Prohibition Law. Acts 1917 p. 15, §8356a et seq. Burns’ Supp. 1918.. He appealed to the criminal court of Marion county, was tried by jury and again convicted.
He moved the court to withhold' from the jury, on their retirement, “the affidavit, transcript of appeal and all other papers in this case,” which motion the court sustained, “as to all papers except affidavit.” He excepted to this ruling and 'on this predicates error.
It is proper to permit the jury to take with them the *374affidavit, or indictment, when they…
2Cases cited4 opinions
- Stout v. StateIndiana Supreme Court · 1883
- Masterson v. StateIndiana Supreme Court · 1896
- McNulty v. StateIndiana Supreme Court · 1919
- Staub v. StateIndiana Supreme Court · 1919
3Cited by8 opinions
- United States v. GradyCourt of Appeals for the Seventh Circuit · 1950
- Indiana State Toll Bridge Commission v. MinorIndiana Supreme Court · 1957
- Lee v. StateIndiana Supreme Court · 1938
- Revlett v. Louisville & Nashville RailroadIndiana Court of Appeals · 1943
- Heier v. StateIndiana Supreme Court · 1921
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