Gray v. The State

• Decision Date: 23 June 1886
• Docket Number: 13,185
• Citation: 8 N.E. 16,107 Ind. 177
• Parties: Gray v. The State
• Court: Indiana Supreme Court

8 N.E. 16

107 Ind. 177

Gray v. The State

No. 13,185

Supreme Court of Indiana

June 23, 1886

From the Marion Criminal Court.

The judgment is affirmed, with costs.

J. C Denny and J. M. Cropsey, for appellant.

F. T Hord, Attorney General, and W. B. Hord, for the State.

OPINION

Howk C. J.

On the 11th day of February, 1886, the appellant and two other persons were jointly indicted, in the court below, for the unlawful sale to one Henry Holmes of "one share, chance and opportunity to draw in a certain lottery scheme and gift enterprise, for the division of personal property," etc. It is shown by the record that on the 2d day of March, 1886 the appellant Gray, and his co-defendants, appeared in person and by counsel in open court, and having been arraigned on such indictment, for plea thereto each of them said that he was guilty, as therein charged. The record shows no other or further action or proceeding in the cause until the 1st day of June, 1886, on which day it is shown that the prosecuting attorney and appellant Gray appeared in open court, and upon appellant's plea of guilty, theretofore entered in this case, it was adjudged by the court that he make his fine to the State in the sum of five hundred dollars, and pay the costs of this prosecution, and that he stand committed to the work-house until such fine and costs were paid or replevied.

Thereupon, appellant's motions for a new trial, and in arrest of judgment, having been severally overruled, he appealed from the judgment below to this court.

It is shown by a bill of exceptions appearing in the record, that on the 26th day of May, 1886, on motion of the prosecuting attorney, the court entered an order in this cause that a writ be issued for the arrest of appellant Gray, who was then apparently at large with the consent of the officers of the court. Such a writ was issued, and appellant was arrested and brought into court, on the 1st day of June, 1886. He then moved the court for his discharge, "because no specific charge or charges in writing, or breach of any order or rule of court, or any offence, had been filed against him, in writing or otherwise," which motion was overruled by the court, and he at the time excepted. He then "moved the court to compel the prosecuting attorney to file specific charges against him herein," which motion was overruled, and he excepted. An agreement was then entered into, in open court, between the parties to this prosecution, substantially as follows:

On the day of -----, 1886, an agreement was entered into by this court, Honorable Pierce Norton, judge, presiding, Honorable William N. Harding, prosecuting attorney of such court, and James A. Gray, this defendant, which agreement was then and there, in substance, as follows:

"Before entering upon the trial and investigation of this cause, it was in open court agreed that at the January term, 1886, of this court, on March 2d, 1886, ----- indictments were returned by the grand jury of Marion county into the court against James W. Gray and others, and that, in each indictment, he was charged with illegally selling a share in a lottery scheme and gift enterprise. Indictment No. 18,905 is the indictment in this case, and the indictments numbered 18,905, 18,906 and 18,907, each, charge a sale of a ticket to the same person, on the same day, and for the same price that it was then and there agreed that if this defendant would plead guilty to ----- said indictments, the fines assessed should be three thousand dollars (which fines and costs were paid); that on the 2d day of March, 1886, a plea of guilty was entered in causes numbered 18,905, 18,906 and 18,907, and the defendant Gray was...