Hardin v. State, No. 30422

Docket NºNo. 30422
Citation202 N.E.2d 164, 246 Ind. 23
Case DateNovember 18, 1964
CourtSupreme Court of Indiana

Page 164

202 N.E.2d 164
246 Ind. 23
Fred W. HARDIN, Appellant,
v.
STATE of Indiana, Appellee.
No. 30422.
Supreme Court of Indiana.
Nov. 18, 1964.

[246 IND 24]

Page 165

M. Walter Bell, Indianapolis, for appellant.

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

[246 IND 28] 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 practice notes
  • Deming Hotel Co. v. Prox, No. 20290
    • United States
    • Indiana Court of Appeals of Indiana
    • May 8, 1968
    ...See Greenwalt v. State, supra; Byrd v. State (1965) Ind., 204 N.E.2d 651; Hardin v. State (1964) Ind., 201 N.E.2d 333, reh. den., Ind., 202 N.E.2d 164. Page Causes numbered 7G, 7H, 7I, 7J, 7K, 7L, 7M, 7Q and 7U, of the motion for new trial allege as error the refusal of the trial court to g......
  • Mendez v. State, No. 676
    • United States
    • Indiana Supreme Court of Indiana
    • September 28, 1977
    ...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 p......
  • Bash v. State, No. 869S187
    • United States
    • Indiana Supreme Court of Indiana
    • 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 [254 Ind. 675] on ......
  • Pagan v. State, No. 88A01-0309-CR-330.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 11, 2004
    ...to the subject matter of the cause on trial and therefore could not have prejudiced appellant in any way.... Bryant, 246 Ind. at 21, 202 N.E.2d at 164. We analyze this circumstance in two ways. In the first perspective, the line of cases concerning jury separations generally holds as follow......
  • Request a trial to view additional results
11 cases
  • Deming Hotel Co. v. Prox, No. 20290
    • United States
    • Indiana Court of Appeals of Indiana
    • May 8, 1968
    ...See Greenwalt v. State, supra; Byrd v. State (1965) Ind., 204 N.E.2d 651; Hardin v. State (1964) Ind., 201 N.E.2d 333, reh. den., Ind., 202 N.E.2d 164. Page Causes numbered 7G, 7H, 7I, 7J, 7K, 7L, 7M, 7Q and 7U, of the motion for new trial allege as error the refusal of the trial court to g......
  • Mendez v. State, No. 676
    • United States
    • Indiana Supreme Court of Indiana
    • September 28, 1977
    ...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 p......
  • Bash v. State, No. 869S187
    • United States
    • Indiana Supreme Court of Indiana
    • 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 [254 Ind. 675] on ......
  • Pagan v. State, No. 88A01-0309-CR-330.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 11, 2004
    ...to the subject matter of the cause on trial and therefore could not have prejudiced appellant in any way.... Bryant, 246 Ind. at 21, 202 N.E.2d at 164. We analyze this circumstance in two ways. In the first perspective, the line of cases concerning jury separations generally holds as follow......
  • Request a trial to view additional results

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