Legal Opinion

Shular v. State

Indiana Supreme Court

Decided February 9, 1886No. 12,606PublishedCited by 75 opinions

From the Montgomery Circuit Court.

1Opinion of the Court

Elliott, J. —

The appellant was jointly indicted with *291James Cunningham for the murder of William Lane. There were separate trials, and the appellant was convicted of manslaughter.

The trial court entertained a motion by Cunningham for a change of judge and made an order for a change at a time when the appellant was not present, and this ruling is assigned for error.

In our judgment the ruling was not erroneous. The statute expressly provides that parties jointly indicted may sever in their defences and may demand separate trials. The application for a change of judge by Cunningham was a…

2Cases cited43 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. State v. AdamsSupreme Court of Kansas · 1878
  3. Epps v. StateIndiana Supreme Court · 1885
  4. Anderson v. StateIndiana Supreme Court · 1885
  5. Bessette v. StateIndiana Supreme Court · 1885

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3Cited by75 opinions

  1. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  2. State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
  3. Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. State v. MortensenUtah Supreme Court · 1903
  5. State v. SlorahSupreme Judicial Court of Maine · 1919

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