Hensley v. State
Indiana Supreme Court
From Hamilton Circuit Court; Meade Vestal, Judge. Prosecution by The State of Indiana against James W. Hensley. From an order overruling defendant’s motion for a discharge, he appeals.
1Opinion of the CourtMonks, J.
This is an appeal from the decision of the court below in overruling an application to discharge appellant under the provisions of §§2090, 2092 Burns 1908, Acts 1905 p. 584, §§219, 221. The ground alleged for the discharge was that “ he had been detained in prison without a trial, to answer an indictment [for murder in the first degree], continuously for a continuous period of more than two terms of court after his arrest.”
It is settled law in this State that appeals in criminal cases can only be taken from final judgments. Erganbright v. State (1897), 148 Ind. 180, and cases cited. The…
2Cases cited1 opinion
- Erganbright v. StateIndiana Supreme Court · 1897
3Cited by2 opinions
- Walther v. StateIndiana Supreme Court · 1913
- Schaaf v. StateIndiana Supreme Court · 1943