Legal Opinion

McNulty v. State

Indiana Supreme Court

Decided November 29, 1919No. 23,699PublishedCited by 5 opinions

From the Marion Criminal Court (49,245); James A. Collins, Judge. Prosecution by the State of Indiana against Charles O. McNulty. From a judgment of conviction, the defendant appeals.

1Opinion of the CourtTownsend, C. J.

Appellant was convicted in the city court of Indianapolis for violation of the liquor laws. He appealed to the criminal court, was tried by jury, and convicted again.

1. He says the court erred in permitting the jury to take the affidavit with them when they retired to deliberate on their verdict, because it had the finding and judgment of the city court indorsed thereon. If the court did this, he committed error. Lotz v. Briggs (1875), 50 Ind. 346, 348; Ogden v. United States (1902), 112 Fed. 523, 526, 50 C. C. A. 380; State v. Tucker (1902), 75 Conn. 201, 203, 52 Atl. 741. But the record…

2Cases cited3 opinions

  1. Ogden v. United StatesCourt of Appeals for the Third Circuit · 1902
  2. Lotz v. BriggsIndiana Supreme Court · 1875
  3. State v. TuckerSupreme Court of Connecticut · 1902

3Cited by5 opinions

  1. Berry v. StateIndiana Court of Appeals · 1972
  2. Heier v. StateIndiana Supreme Court · 1921
  3. Middaugh v. StateIndiana Supreme Court · 1921
  4. Clevenger v. StateIndiana Supreme Court · 1919
  5. Staub v. StateIndiana Supreme Court · 1919

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