2 Ind. 608 (Ind. 1851), Bland v. State

Citation:2 Ind. 608
Opinion Judge:Blackford, J.
Party Name:Bland v. The State
Attorney:G. G. Dunn, for the plaintiff. D. Wallace, for the state.
Court:Supreme Court of Indiana
 
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Page 608

2 Ind. 608 (Ind. 1851)

Bland

v.

The State

Supreme Court of Indiana

May, 1851

          ERROR to the Greene Circuit Court.

          The judgment is affirmed with costs.

         G. G. Dunn, for the plaintiff.

         D. Wallace, for the state.

          OPINION

         Blackford, J.

          This was an indictment, found at the September term, 1850, of the Greene Circuit Court, against Hiram Bland, for murder in the first degree. The person alleged to have been murdered was one William Walker. Plea, not guilty. The jury found the defendant guilty, as charged in the indictment, of murder in the first degree, and that he suffer death, etc.

         The defendant moved for a new trial, but his motion was overruled. The Court then, at said September term, 1850, rendered a judgment on the verdict. The judgment was to the following effect: That the defendant be taken to the place of execution on Friday, the 15th of November then next ensuing, and then and there, between the hours of ten o'clock in the forenoon and four o'clock in the afternoon of the same day, be hanged by the neck until he be dead.

         Previously to the day named in said judgment for the defendant's execution, namely, on the night of the 28th of October, 1850, the defendant broke jail and made his escape.

Page 609

He was afterwards, on the 2d of January, 1851, retaken by the sheriff, and kept by him in custody until the then next term of the Court. At the term last named, viz., the April term, 1851, the defendant was again brought before the Court by the sheriff; the said facts relative to his escape and recaption being made known to the Court. The prosecuting attorney thereupon moved the Court for judgment of death against the defendant, and that a time and place be designated for his execution.

         The defendant then pleaded to the jurisdiction of the Court, but his plea was rejected. He also moved, on several affidavits, for a new trial, but the motion was overruled.

         The Court afterwards demanded of the defendant what he had to say why the Court should not, upon the verdict and judgment herein rendered at the last term, proceed to judgment and execution against him, and designate the time and place of his execution. The defendant saying nothing further, it was considered and ordered by the Court that the defendant be taken to the jail of said county whence he came, and...

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