Legal Opinion

Milbourn v. State of Indiana

Indiana Supreme Court

Decided June 8, 1937No. 26,771PublishedCited by 14 opinions

1Opinion of the CourtFansler, C. J.

Appellant was convicted of knowingly receiving stolen clover seed.

Error is assigned upon the overruling of his motion for a new trial.

The only question involves the admission of the testimony of the sheriff and deputy sheriffs, detailing a conversation in which appellant admitted receiving the stolen goods, with knowledge that it was stolen, and having sold it for his own benefit.

The sheriff, armed with an invalid search warrant, arrested appellant and took him to his farm. While appellant sat in an automobile, the sheriff and his deputies searched the place. After the search was completed,…

2Cases cited3 opinions

  1. Wallace v. StateIndiana Supreme Court · 1927
  2. State v. LaughlinIndiana Supreme Court · 1908
  3. Doncaster v. StateIndiana Supreme Court · 1926

3Cited by14 opinions

  1. Rogers v. Superior CourtCalifornia Supreme Court · 1955
  2. Nueslein v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
  3. United States v. DeLeoUnited States Court of Military Appeals · 1954
  4. State v. EvansHawaii Supreme Court · 1962
  5. Marshall v. StateIndiana Supreme Court · 1949

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