Hasenfuss v. State

Citation59 N.E. 463, 156 Ind. 246
Case DateFebruary 22, 1901
CourtSupreme Court of Indiana

156 Ind. 246
59 N.E. 463

HASENFUSS
v.
STATE.

Supreme Court of Indiana.

Feb. 22, 1901.


Appeal from circuit court, Allen county; E. O'Rourke, Judge.

Mattie E. Hasenfuss was convicted of voluntary manslaughter, and she appeals. Affirmed.

[59 N.E. 464]


H. G. Colerick and Barett & Morris, for appellant.
E. V. Emrick, N. D. Doughman, and W. L. Taylor, Atty. Gen., for the State.

JORDAN, J.

Appellant was charged by indictment with having committed the crime of murder in the first degree by killing one Carl Westenfield, by the means of the administration of arsenical poison. On her plea of not guilty she was tried by a jury, and the latter, by their verdict, found her guilty of voluntary manslaughter, and further found, in accordance with the indeterminate sentence statute, that she was a woman of the age of 48 years. Some four days after the return of this verdict and the discharge of the jury, appellant moved the court to discharge her for the following reasons: First, that the verdict embraced a crime neither charged by the indictment nor within the purview of its allegations; second, because the verdict, in legal effect, acquits the defendant of the offense of murder, charged in the indictment; and, third, that under the indictment the defendant could be found guilty only of murder in the first or second degree, or not guilty of either offense. This motion was denied, and the court adjudged upon the verdict that appellant be imprisoned for an indeterminate period of from 2 to 21 years. She appeals, and assigns errors upon the rulings of the court in denying the motion for her discharge and in rendering judgment upon the verdict. The contentions of her learned counsel are that, under the indictment in this case, she must be convicted of either murder in the first or second degree or acquitted. It is insisted that voluntary manslaughter is not included in the crime of murder as charged in the indictment; hence there could be no verdict returned finding her guilty of manslaughter, and that the verdict, in effect, is a finding of not guilty as to either of the degrees of murder. The insistence is further advanced that as the crime of voluntary manslaughter, under section 1981, Burns' Rev. St. 1894 (section 1908, Horner's Rev. St. 1897), is defined to be the unlawful killing voluntarily of a human being, without malice, express or implied, upon a sudden heat, therefore there can be no case or circumstance imagined which would render it possible to reduce the crime of murder perpetrated by the means of the administration of poison to that of voluntary manslaughter. It is contended that the charge of murder in the first degree by administering poison to a human being cannot, in any sense, include the offense of voluntary manslaughter, because it cannot, in reason, be asserted that the poison was administered to the deceased upon a sudden heat. It is urged that, so far as the verdict in this case purports to convict the appellant of the crime of manslaughter, it is repugnant to the charge presented by the indictment, and is no more within the issues of the case than had the jury found appellant guilty of the crime of burglary. In that event, it is argued, had the jury been discharged without the consent of the accused, such discharge would have operated as an acquittal, as she could not again be placed in jeopardy. We are confronted with the insistence of the attorney general that, even though the contentions of appellant's counsel be true, still the motion for her discharge was properly denied, because it was not seasonably made; that is, at the time the verdict was returned and before the discharge of the jury. We pass this feature of the case, however, without consideration, preferring, as we do, to decide the question involved upon its merits.

Counsel for appellant concede that if the offense of murder in the first degree, as charged in this case, can be said to include voluntary manslaughter, then the verdict cannot be assailed under the procedure employed herein, and appellant must fail in her appeal. The question presented for our consideration is, was the jury, upon a charge of murder in the first degree...

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19 practice notes
  • Robinson v. State, No. 2-1072A80
    • United States
    • Indiana Court of Appeals of Indiana
    • April 15, 1974
    ...guilty of voluntary manslaughter 7, we are nevertheless not authorized to reverse for that reason. In Page 846 Hasenfuss v. State (1901), 156 Ind. 246, 59 N.E. 463, the defendant was charged with having committed first degree murder by poisoning the deceased. Conceding 'it may be difficult ......
  • O'Conner v. State, No. 2-378A99
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1978
    ...(citations omitted) McDonald at 574; See also Crickmore v. State, (1938) 213 Ind. 586, 12 N.E.2d 266, 268; Hasenfuss v. State, (1901) 156 Ind. 246, 59 N.E. 463, 466; Fleetwood v. State, (1976) Ind.App., 343 N.E.2d 812, 815; Landers v. State, (1975) Ind.App., 331 N.E.2d 770, 780; Hopkins v. ......
  • McPherson v. State, No. 22,158.
    • United States
    • Indiana Supreme Court of Indiana
    • November 26, 1912
    ...Keeling v. State, 107 Ind. 563, 564, 8 N. E. 559; 12 Cyc. 934 (4); Gillett's Crim. Law (2d Ed.) § 239. See, also, Hasenfuss v. State, 156 Ind. 246, 59 N. E. 463;Gipe v. State, 165 Ind. 433, 439, 75 N. E. 881, 1 L. R. A. (N. S.) 419, 112 Am. St. Rep. 238;American Food Co. v. Halstead, 165 In......
  • Barker v. State, No. 29554
    • United States
    • Indiana Supreme Court of Indiana
    • May 22, 1958
    ...principle of the common law in this state that manslaughter was a lesser offense included in murder or homicide. Hasenfuss v. State, 1901, 156 Ind. 246, 251, 59 N.E. 463; Carrick v. State, 1862, 18 Ind. 409; Powers v. State, 1882, 87 Ind. 144; Pigg v. State, 1896, 145 Ind. 560, 43 N.E. 309;......
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21 cases
  • Robinson v. State, No. 2-1072A80
    • United States
    • Indiana Court of Appeals of Indiana
    • April 15, 1974
    ...guilty of voluntary manslaughter 7, we are nevertheless not authorized to reverse for that reason. In Page 846 Hasenfuss v. State (1901), 156 Ind. 246, 59 N.E. 463, the defendant was charged with having committed first degree murder by poisoning the deceased. Conceding 'it may be difficult ......
  • O'Conner v. State, No. 2-378A99
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1978
    ...(citations omitted) McDonald at 574; See also Crickmore v. State, (1938) 213 Ind. 586, 12 N.E.2d 266, 268; Hasenfuss v. State, (1901) 156 Ind. 246, 59 N.E. 463, 466; Fleetwood v. State, (1976) Ind.App., 343 N.E.2d 812, 815; Landers v. State, (1975) Ind.App., 331 N.E.2d 770, 780; Hopkins v. ......
  • McPherson v. State, No. 22,158.
    • United States
    • Indiana Supreme Court of Indiana
    • November 26, 1912
    ...Keeling v. State, 107 Ind. 563, 564, 8 N. E. 559; 12 Cyc. 934 (4); Gillett's Crim. Law (2d Ed.) § 239. See, also, Hasenfuss v. State, 156 Ind. 246, 59 N. E. 463;Gipe v. State, 165 Ind. 433, 439, 75 N. E. 881, 1 L. R. A. (N. S.) 419, 112 Am. St. Rep. 238;American Food Co. v. Halstead, 165 In......
  • Barker v. State, No. 29554
    • United States
    • Indiana Supreme Court of Indiana
    • May 22, 1958
    ...principle of the common law in this state that manslaughter was a lesser offense included in murder or homicide. Hasenfuss v. State, 1901, 156 Ind. 246, 251, 59 N.E. 463; Carrick v. State, 1862, 18 Ind. 409; Powers v. State, 1882, 87 Ind. 144; Pigg v. State, 1896, 145 Ind. 560, 43 N.E. 309;......
  • Request a trial to view additional results

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