Hoagland v. State
| Decision Date | 13 December 1861 |
| Citation | 17 Ind. 488 |
| Parties | Hoagland v. The State |
| Court | Indiana Supreme Court |
APPEAL from the Harrison Circuit Court.
The judgment is affirmed, with costs.
W. T Otto and S. H. Kerr, for the appellant.
A. B Carlton and R. M. Weir, for the State.
Indictment against the appellant for a rape. Trial, and conviction. On the trial, the defendant offered himself as a witness, but the State objecting, he was rejected. This ruling presents the only question arising in the case.
The trial was had after the act of March 11, 1861, (Acts 1861, p. 51,) took effect. That act repeals § 238 of the code and enacts, among other things, that
This act, in itself, has no reference to the competency of witnesses in criminal cases. Its terms limit its application to civil causes. But the act on the subject of practice, &c., in criminal actions, contains the following provision: 2 R. S. 1852, § 90, p. 372.
It is insisted, that inasmuch as by the act of 1852 all persons who are competent to testify in a civil action, are made competent witnesses in criminal actions, and as by the act of 1861 parties are competent witnesses in civil causes, it follows that they are competent to testify in a criminal cause.
The solution of this question depends upon the construction which shall be given to the provision of the act of 1852, making "all persons who are competent to testify in civil actions," competent witnesses in criminal causes.
Was this provision intended to adopt the law as it then stood, upon the subject of the competency of witnesses in civil actions, or was it intended to adopt such law with all the changes that might thereafter be made in...
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Moore v. State
...abolition of party disqualification in civil actions thus did not extend to defendants in criminal proceedings. Hoagland v. State, 17 Ind. 488, 489-90 (1861). A decade later, the legislature abolished the disqualification of criminal defendants. See Act of Mar. 10, 1873, sec. 1, 1871 Ind. A......
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Daniels v. The State
... ... existing enactments. Its words are "when such license is ... required by any law of the State." These words are large ... and comprehensive, and apply as well to future as existing ... requirements ... [150 ... Ind. 359] In the case of Hoagland v. State, ... 17 Ind. 488, as to the application of present legislation to ... future legislation, we have a construction upon the character ... of the words employed, as indicating the intention of the ... legislature. There such words were found too narrow to ... include future ... ...
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