Legal Opinion

House v. State

Indiana Supreme Court

Decided November 14, 1917No. 23,217PublishedCited by 43 opinions

From Jackson Circuit Court; Oren O. Swails, Judge. Prosecution by the State of Indiana against Francis R. House and Harry B. Miller. From a judgment of conviction, the defendants appeal.

1Opinion of the CourtLairy, J.

Appellants, House and Miller, together with one Oscar F. McLain, were charged by affidavit with the offense of kidnapping. There was a trial by ■jury resulting in a verdict finding appellants guilty of assault and battery. Judgment was rendered upon the verdict.

The errors relied upon here are the overruling of appellants’ motions to be discharged and for a new trial. Under these motions it is contended by appellants that a person cannot be convicted of assault and battery upon an affidavit or indictment charging him with the crime of kidnapping.

The affidavit here charges that appellants in…

2Cases cited3 opinions

  1. Polson v. StateIndiana Supreme Court · 1893
  2. Wright v. StateIndiana Supreme Court · 1854
  3. Rose v. StateIndiana Supreme Court · 1870

3Cited by43 opinions

  1. Schmuck v. United StatesSupreme Court of the United States · 1989
  2. Roddy v. StateIndiana Court of Appeals · 1979
  3. Christie v. StateAlaska Supreme Court · 1978
  4. United States v. WeymouthCourt of Appeals for the Armed Forces · 1995
  5. Watford v. StateIndiana Supreme Court · 1957

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