Heier v. State
Indiana Supreme Court
From Marion Criminal Court (49,621) ; James A. Collins, Judge. Prosecution' by the State of Indiana against Fred Heier.' From a judgment of conviction, the defendant appeals.
1Opinion of the CourtTownsend, J.
Appellant was tried in the city court of Indianapolis and convicted of violating the Prohibition Law. Acts 1917 p. j.5, §8356a et seq. Burns’ Supp. *4111918. He appealed to the Marion Criminal Court, was tried by jury and again convicted.
1. It sufficiently appears from the record that the court permitted the affidavit, which had upon it indorsements indicating the finding and judgment of the city court, to be taken by the jury on their retirement to deliberate on their verdict. This was error, for which this cause must be reversed. McNulty v. State (1919), 189 Ind. 88, 125 N. E. 41; Staub v.…
2Cases cited15 opinions
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