Joslyn v. State
Indiana Supreme Court
From the Allen Circuit Court.
1Opinion of the CourtElliott, J.
The information charges, in one count, that “the appellant feloniously did steal, take and carry away one cutter bar of the value of ten dollars, and two hundred pounds of iron of the value of five cents per pound, of the personal property of James Gunnison, and one cutter bar of the value of ten dollars, and two hundred pounds of iron of-the value of five cents per pound, the personal property of James Parham.”
If the count of the information from which we have quoted is double, it is bad for duplicity. The rule is well settled that duplicity is fatal upon a motion to quash. Siebert v. State,…
2Cases cited19 opinions
- Clem v. StateIndiana Supreme Court · 1873
- People v. MajorsCalifornia Supreme Court · 1884
- Roberts v. StateSupreme Court of Georgia · 1853
- State v. ElderIndiana Supreme Court · 1879
- Fahnestock v. StateIndiana Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Woods v. StateIndiana Supreme Court · 1968
- Furnace v. StateIndiana Supreme Court · 1899
- State v. ClarkOregon Supreme Court · 1905
- Sweek v. PeopleSupreme Court of Colorado · 1929
- United States v. FlorenceUnited States Court of Military Appeals · 1952
13 more not listed; retrieve them via the Exa API.