Maxey v. State

Dissenting Opinion.

Jackson, J.

I am unable to concur in the majority opinion herein and dissent thereto.

Appellant was charged with the crime of murder in the First Degree by indictment filed in the Marion Criminal Court. Trial was by jury which returned a verdict of guilty of Murder in the Second Degree. Pre-commitment investigation report was filed recommending probation, thereafter the court entered judgment on the verdict of the jury and sentenced appellant “to the Indiana State Prison during life and costs.” The indictment, omitting heading, formal parts and signatures, reads in pertinent…