Helwig v. State

Appellant was charged with cruelty to his three children under Acts 1945, ch. 218, §2, p. 1011, being §10-813, Burns’ 1956 Replacement, tried by jury, found guilty as charged, fined $50 and sentenced to the Indiana State Farm for a period of ninety days.

Two errors are assigned:

“1. The court erred in overruling appellant’s

Motion in Arrest of Judgment.

“2. The court erred in overruling appellant’s

Motion for a New Trial.”

We shall first consider the motion in arrest of judgment.

The affidavit, 1 omitting formal parts, is as follows:

“John Brainard, being duly sworn upon his oath, deposes and says…