Ellis v. State

• Decision Date: 29 November 1898
• Parties: ELLIS v. STATE.
• Court: Indiana Supreme Court

152 Ind. 326
52 N.E. 82

ELLIS
v.
STATE.¹

Supreme Court of Indiana.

Nov. 29, 1898.

Appeal from circuit court, Putnam county; S. M. McGregor, Judge.

Fred Ellis was convicted of murder, and he appeals. Affirmed.

[52 N.E. 83]

C. C. Matson, for appellant. W. A. Ketcham, Merrill Moores, A. W. Knight, and John M. Rawley, Pros. Atty., for the State.

McCABE, J.

The appellant was indicted in the Clay circuit court for murder in the first degree, in the killing of John F. Krack. The venue was changed to the Putnam circuit court, where a trial resulted in a verdict and judgment of guilty of murder in the second degree; the circuit court having overruled appellant's motion for a new trial. The action of the court in overruling the motion for a new trial is called in question by the assignment of errors as the sole ground upon which a reversal of the judgment is sought.

The first contention of appellant is that the verdict of the jury is not sustained by sufficient evidence, and is contrary to law. There were but two witnesses, besides the defendant, to the transaction. These two witnesses were Mrs. Brewer, the woman with whom appellant was living or boarding, and her daughter, about 14 years of age. The defendant was a single man, about 30 years of age. The state's evidence consisted alone of the testimony of this family, and the statement made by the defendant to the prosecuting attorney the next day after the death of Krack, and his statement at the coroner's inquest. The evidence showed that defendant, about 15 years prior, had purchased a 44-caliber Remington revolver and a belt of a cowboy, and had been fined for carrying the same concealed about his person, and had been prosecuted and convicted of shooting at James Ragland, and shortly after he was again fined for an assault on said Ragland with a revolver, and a little later he shot John Ragland in the shoulder while the two were engaged in a controversy. He frequently carried his revolver in a belt while at his work. About two years before he moved to Clay county from Putnam county, and began boarding with a Mrs. Brewer, who lived at Center Point, in Clay county. Afterwards Brewer moved to a farm about a mile from there, and appellant went with them, and boarded for about a year. At the request of Mr. Brewer, appellant quit boarding at his house, but he continued to visit the house. A separation between Brewer and his wife ensued, and a divorce was granted to Brewer. Mrs. Brewer moved to Brazil, and appellant assisted her in the removal, and in a few weeks became a boarder in her house. There was some evidence that the character of Krack was not good. The witnesses...