Allen v. The State

Decision Date22 April 1892
Docket Number16,546
PartiesAllen v. The State
CourtIndiana Supreme Court

From the Vigo Circuit Court.

W. P. Fishback, W. A. Kappes, -- Mack, -- Henry, J. E. Piety and J. D. Piety, for appellant.

A. G. Smith, Attorney General, for the State.

OPINION

Olds, J.

This is a prosecution against the appellant in which he is charged with contempt of court. The facts in this case are substantially the same as those in the case of Fishback v. State, ante, p. 304. The charge is the publication of the same newspaper articles upon which the charge of contempt is based in that case, and upon the authority of that case this case is reversed, with instruction to grant a new trial, and proceed in accordance with the law as stated in said cause of Fishback v. State, supra, and discharge the appellant.

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2 cases
  • Fishback v. State
    • United States
    • Indiana Supreme Court
    • 22 Abril 1892
  • Fishback v. The State
    • United States
    • Indiana Supreme Court
    • 22 Abril 1892
    ... ... misconduct as such trustee, and had urged in its columns that ... the grand jury investigate said Peker on ac-account of his ... alleged misconduct, and alleging that on Tuesday evening, ... March 29th, he was informed by George M. Allen that a member ... of the grand jury had said that the investigation of said ... sewer charges by the grand jury had commenced that day, but ... had been suddenly stopped; that the Peker referred to was the ... township trustee who, during the existence of the grand jury ... in the last month, ... ...

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