Clem v. State
Indiana Supreme Court
APPEAL from the Warren Circuit Court. The appellant was indicted for murder in the first degree. "Upon a plea of not guilty, the jury found him guilty of manslaughter, and that he be confined for three years in the state’s prison. The court overruled a motion for a new trial and a motion in arrest of judgment, and rendered judgment in accordance with the verdict.
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APPEAL from the Warren Circuit Court. The appellant was indicted for murder in the first degree. "Upon a plea of not guilty, the jury found him guilty of manslaughter, and that he be confined for three years in the state’s prison. The court overruled a motion for a new trial and a motion in arrest of judgment, and rendered judgment in accordance with the verdict. The evidence tended to prove that the appellant, in an altercation with one James H. Beckett, inflicted wounds with a knife, from which Beckett soon afterwards died.
1Opinion of the CourtErazer, C. J.
This case must be reversed for various • reasons.
There was not a particle 'of evidence that the offense-charged was committed within the jurisdiction of the court-below. This, doubtless, ivas an oversight, but without sucln evidence there should have been an acquittal.
Then the court in its instructions told the jury, that the-defendant had,during the progress of the trial,admitted certain important facts, and that the facts thus admitted must be taken as if proved beyond a reasonable doubt. Now, if such admissions were made, they were evidence, and yet a bill of exceptions purporting to…
2Cited by31 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- State v. HockettSupreme Court of Iowa · 1886
- Newport v. StateIndiana Supreme Court · 1895
- Coolman v. StateIndiana Supreme Court · 1904
- Bridgewater v. StateIndiana Supreme Court · 1899
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