Berry v. State

The appellant was convicted of a conspiracy to commit a felony. He was tried upon an affidavit in the Delaware Circuit Court before a jury. The jury brought in a verdict as follows: “We, the jury, find the defendant, Hugh Berry, guilty of conspiracy to commit a felony as charged in the affidavit and that said defendant is 29 years of age. ” Judgment was rendered upon this verdict, from which judgment this appeal is taken. The charging part of the affidavit is substantially as follows: That, on or about August 1, 1923, at and in the county of Delaware, State of Indiana, Orville Teague and Hugh…