Marks v. Dowd

SLICK, District Judge.

Petitioner, John R. Marks, Earl Freeman, and Frank Lung, were indicted by the Elk-hart County Grand Jury, and petitioner was tried on said indictment. He was convicted, and on appeal to the Supreme Court of the State of Indiana the conviction was sustained, but the Supreme Court mandated the trial court to sentence petitioner, defendant in the State Court, on another paragraph in one count in the indictment than the one on which he claims he was tried, the Supreme Court holding that one section of the statute of Indiana had been repealed by implication. The petitioner…