Hardin v. State

Decision Date18 November 1964
Docket NumberNo. 30422,30422
Citation202 N.E.2d 164,246 Ind. 23
PartiesFred W. HARDIN, Appellant, v. STATE of Indiana, Appellee.
CourtIndiana Supreme Court

M. Walter Bell, Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen., David S. Wedding, Deputy Atty. Gen., for appellee.

LANDIS, Judge.

Appellant has filed petition for rehearing attempting to raise for the first time certain constitutional questions not heretofore raised on this appeal. Appellant has given no reason to excuse his failure seasonally to present such questions, and it is well settled that an appellant may not sit idly by and await the outcome of an appeal before presenting questions on rehearing which should have been previously presented to this Court for decision. See Kilgallen v. State (1922), 192 Ind. 531, 546, 137 N.E. 178.

Appellant's petition for rehearing is further insufficient to present any issue for decision as no arguments are advanced by brief or otherwise to indicate how or in what respect the alleged constitutional provisions in question were violated.

Petition for rehearing denied.

ACHOR, C. J., and ARTERBURN, JACKSON and MYERS, JJ., concur.

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11 cases
  • Mendez v. State
    • United States
    • Indiana Supreme Court
    • September 28, 1977
    ... ... State, (1975) Ind., 338 N.E.2d 264; Birkla v. State, (1975) Ind., 323 N.E.2d 645, cert. den. 96 S.Ct. 99, or if the evidence is without conflict and is susceptible to but one inference, which inference is in favor of the accused. Bash v. State, (1970) 254 Ind. 671, 262 N.E.2d 386; Hardin v. State, (1964) 246 Ind. 23, 201 N.E.2d 333, reh. den. 246 Ind. 28, 202 N.E.2d 164 ...         Entrapment, as a defense, exists when the defendant has been induced or lured by a governmental agency, for the [267 Ind. 73] purpose of prosecution, to commit a crime he had no previous ... ...
  • Pagan v. State
    • United States
    • Indiana Appellate Court
    • June 11, 2004
  • Bash v. State
    • United States
    • Indiana Supreme Court
    • September 25, 1970
    ...one inference in favor of the accused. Davis v. State (1968), Ind., 239 N.E.2d 601; Hardin v. State (1964), 246 Ind. 23, 201 N.E.2d 333, 202 N.E.2d 164. Premeditated malice encompasses the intent, consciously conceived, to take a life as well as the opportunity to reflect on such decision. ......
  • Franklin v. State
    • United States
    • Indiana Supreme Court
    • July 21, 1977
    ...the accused, Bash v. State, (1972) 254 Ind. 671, 262 N.E.2d 386; Hardin v. State, (1964), 246 Ind. 23, 201 N.E.2d 333, Reh. Den. 246 Ind. 23, 202 N.E.2d 164. When the determination of an issue involves the weight to be given evidence of the credibility of witnesses, it is improper to direct......
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