Gibbs v. State, 570S115
Decision Date | 27 September 1971 |
Docket Number | No. 570S115,570S115 |
Citation | 257 Ind. 187,273 N.E.2d 280 |
Parties | Thomas GIBBS, Appellant, v. STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
J. Bayne Burton, Anderson, for appellant.
Theodore L. Sendak, Atty. Gen., J. Frank Hanley, Deputy Atty. Gen., for appellee.
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On July 16, 1969, appellant was charged, by affidavit, with the crime of First Degree Burglary. On August 12, 1969, appellant and his appointed counsel appeared before the court and entered a plea of not guilty to the charge of first degree burglary. On January 6, 1970, after a lengthy continuance, appellant and counsel appeared before the court for a trial by jury. On the same day, appellant filed a Motion for Change of Venue from Madison County. The motion, omitting heading and more formal parts, reads as follows:
'Wherefore, the defendant prays the court that this motion for Change of Venue from Madison County be granted.'
The State objected to the Change of Venue and evidence on the motion was heard. At the conclusion of the evidence the court overruled the motion.
Trial by jury was held and appellant found guilty of first degree burglary and sentenced by the court to not less than ten (10) years nor more than twenty (20) years in the Indiana State Reformatory.
Appellant's sole contention is that the overruling of his Motion for Change of Venue was an abuse of the trial court's discretion as contended by appellant in his Motion to Correct Errors which was also overruled by the trial court.
Trial Rule 77 of the Indiana Rules of Procedure (Effective January 1, 1970) which was in effect at the time appellant filed his motion, is now contained in exactly the same form in Criminal Rule 12 of the Indiana Rules of Criminal Procedure. This rule provides that:
'In any criminal action, no change of judge or change of venue from the county shall be granted except within the time herein provided.'
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McFarland v. State
...a motion for change of venue in a case such as this is reviewed only for abuse of trial court discretion. Rule CR. 12; Gibbs v. State, (1971) 257 Ind. 187, 273 N.E.2d 280. We can find no such abuse II. The Appellant's next allegation of error concerns the admission into evidence of color ph......
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Nelson v. State, 471S93
...in his application any of the specific information required by the rule in instances of belated filing. In the case of Gibbs v. State (1971), Ind., 273 N.E.2d 280, this Court was confronted with a nearly identical situation. As in the case at bar, the appellant there failed to set out the i......