LANE, ETC. v. Hobbs

Dissent

JACKSON, C. J.

I am in disagreement with the conclusions and result reached in the majority opinion and dissent, thereto.

Appellant in the argument section of its brief, paragraph VIII,.makes the following argument:

“In order to fully orient the Court on the background of the instant case, Appellant will first set forth a brief synopsis of the case history.

“On June 2, 1959, in the Allen County Circuit Court, the Appellee was convicted by a jury for the crime of embezzlement. The jury’s verdict merely found the Appellee guilty; it did not set out the punishment. (See Tr., p. 26)

*652“On June 2,…