Slack v. Grigsby

DISSENTING OPINION

Gilkison, J.

I am unable to agree with the majority opinion for the following reasons:

The record conclusively shows that in the Clay Circuit Court appellee was by indictment regularly *349charged with the offense of murder in the first degree on July 14, 1938; that a bench warrant was regularly issued on the indictment, and placed in the hands of the sheriff for service, and it was served and returned on that date. On the same date, July 14, 1938, judgment was rendered in the cause as follows:

“State of Indiana v. Roy Grigsby No. 2313 Crime Murder

“Comes now the State of Indiana,…