Lee v. State
Indiana Supreme Court
From Delaware Circuit Court; William A. Thompson, Judge. Prosecution by the State of Indiana against Charles Lee. From a judgment of conviction, the defendant appeals.
1Opinion of the CourtTownsend, J.
Appellant was convicted in the city-court of Muncie for a violation of §4, Acts 1917 p. 15, §8356a et seq. Burns’ Supp. 1918. He appealed to the circuit court and was again convicted.
In the circuit court he pleaded in abatement, that the grand jury was in session when the affidavit was filed in the city court. A demurrer was sustained to this plea. This plea is based on the following section of our statutes:
“All public offenses, except treason and murder, may be prosecuted in the circuit or criminal court, by affidavit filed in term time, in all cases except when the grand jury is in session…
2Cases cited4 opinions
- State v. RobertsIndiana Supreme Court · 1906
- Wachstetter v. StateIndiana Supreme Court · 1873
- Hosea v. StateIndiana Supreme Court · 1874
- Pratt v. StateIndiana Supreme Court · 1856
3Cited by6 opinions
- State Ex Rel. Poindexter v. ReevesIndiana Supreme Court · 1952
- King v. StateIndiana Supreme Court · 1957
- Parish v. StateIndiana Supreme Court · 1923
- Stevens v. StateIndiana Supreme Court · 1952
- State v. SwaffordIndiana Supreme Court · 1968
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