Kain v. State
| Decision Date | 31 March 1955 |
| Docket Number | No. 29103,29103 |
| Citation | 234 Ind. 160,125 N.E.2d 436 |
| Parties | Foster KAIN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Harry Long, Orval W. Anderson, Gary, for appellant.
Edwin K. Steers, Atty. Gen., Carl Humble, Deputy Atty. Gen., for appellee.
The appellee's petition for rehearing alleges that our first opinion is in error in copying the amended affidavit. In deciding an appeal we are entitled to set out the pleadings as they appear in the briefs, but we are not bound to do so, and in this case the amended affidavit as set out in the original opinion is an exact copy of the amended affidavit as it appears in the transcript at its proper place as duly certified by the clerk of the trial court.
Bayman v. Farmers Mutual Fire Ins. Ass'n, 1938, 213 Ind. 389, 391, 12 N.E.2d 945, 946.
Flanagan, Wiltrout and Hamilton, Indiana Trial and Appellate Practice, § 2604, pp. 251, 252. No attempt was made to correct this record by petition for writ of certiorari at the proper time.
As is stated in Ewbank's Manual of Practice (2d Ed.) § 208a, p. 426, any 'agreement of parties as to what forms a part of the record and has been omitted from the transcript is not entitled to any consideration unless such agreement has itself been made a part of the record in a manner known to the law.'
The petition for rehearing is denied.
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Bays v. State, 29739
...event of double jeopardy, [Robinson v. State (1953), 232 Ind. 396, 112 N.E.2d 861; Kain v. State (1954), 234 Ind. 160, 123 N.E.2d 177, 125 N.E.2d 436] and to define the issues so that the court will be able to determine what evidence is admissible, and to pronounce judgment. [Brockway v. St......
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Montgomery v. Board of Zoning Appeals of Lake County
...It was bound by the record, which is "conclusive and imports absolute verity." Kain v. State (1955), 234 Ind. 160, 166, 123 N.E.2d 177, 125 N.E.2d 436. In the Ax case, supra, the following statement was made (at page 304 of 116 Ind.App., at page 32 of 64 'The transcript shows no judgment on......
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Adkins v. Elvard
...incumbent upon her to seek certiorari to correct the record. Kain v. State (1954), 234 Ind. 160, 123 N.E.2d 177 (Opinion on Rehearing), 125 N.E.2d 436; Summer v. Goings (1881), 74 Ind. 293.' Ladd v. Rev. Bd. Ind. Emp. Sec. Div. (1971), Ind.App., 276 N.E.2d 871, Adkins' final allegation of e......
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Calvert v. State, 31008
...by statements of the parties or of their counsel, verified or unverified. Kain v. State (1955), 234 Ind. 160, 123 N.E.2d 177, 125 N.E.2d 436. Since, therefore, the transcript recites that appellant was present in the courtroom, he cannot successfully contend he was not. Blanton v. State (19......