Rush v. State

This is a belated appeal by Elijah Rush, appellant (defendant below) from a conviction in the Lake Criminal Court for causing a death while driving under the influence of intoxicating liquor. * He was charged by affidavit and subsequently tried by a jury, which returned a guilty verdict on February 5, 1969. On February 17, 1969 the appellant was sentenced to the Indiana State Prison for a term of one to five years. A motion for a new trial was entertained and overruled by the trial court. Appellant’s petition for permission to file a belated appeal was granted on May 12, 1970 by this Court.…