Kilgallen v. State, No. 23820.

Docket NºNo. 23820.
Citation137 N.E. 178, 192 Ind. 531
Case DateDecember 06, 1922
CourtSupreme Court of Indiana

192 Ind. 531
137 N.E. 178

KILGALLEN
v.
STATE.

No. 23820.

Supreme Court of Indiana.

Dec. 6, 1922.


Appeal from Criminal Court, Marion County.

On petition for rehearing. Petition overruled.


For former opinion, see 132 N. E. 682.

Whitcomb & Dowden, of Indianapolis, for appellant.


PER CURIAM.

In his petition for a rehearing, the appellant seeks to raise a constitutional question which was not raised by him in his original brief. Unless a point was presented for decision at the original hearing, it will not be considered in determining whether a rehearing ought to be granted. The petition should ask a rehearing

[137 N.E. 179]

only on points that were properly presented for decision at the first hearing, and were overlooked or improperly decided.

We find no points properly presented for decision at the first hearing which were overlooked or improperly decided. A re-examination of the case convinces us that the conclusion reached in the original opinion is correct.

The petition for a rehearing is overruled.

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7 practice notes
  • La Grange v. State, No. 29627
    • United States
    • Indiana Supreme Court of Indiana
    • 31 Octubre 1958
    ...1908, 170 Ind. 635, 85 N.E. 356; Ray v. State, 1917, 186 Ind. 396, 114 N.E. 866; Kilgallen v. State, 1922, 192 Ind. 351, 132 N.E. 682, 137 N.E. 178; Nixon v. State, 1935, 207 Ind. 426, 193 N.E. 591, 97 A.L.R. 894. Cf. State v. Shumaker, 1927, 200 Ind. 623, 157 N.E. 769, 162 N.E. 441, 163 N.......
  • State ex rel. Indianapolis Bar Ass'n v. Fletcher Trust Co., No. 26639.
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Enero 1937
    ...or statements of the respondent which are clearly contemptuous in character.’ Kilgallen v. State (1922) 192 Ind. 531, 132 N.E. 682, 686,137 N.E. 178. The above case grew out of facts where an information had been filed against the appellant who was the managing editor of a newspaper and who......
  • Lindsay v. State , No. 24589.
    • United States
    • Indiana Supreme Court of Indiana
    • 12 Noviembre 1924
    ...v. State (1921) 191 Ind. 206, 131 N. E. 397;Taylor v. State (1921) 191 Ind. 200, 132 N. E. 294, 295; Flanagan v. State (1922; Ind. Sup.) 137 N. E. 178;Moore v. State (1923; Ind. Sup.) 141 N. E. 638, 639;McNaught v. State (1924; Ind. Sup.) 142 N. E. 418;Farb v. State (1924; Ind. Sup.) 143 N.......
  • State ex rel. Ham v. Hulley, No. 23979.
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Diciembre 1922
    ...to reinstate them in their offices on the police force as of the date of their dismissal, and upon an appeal to the Supreme Court that [137 N.E. 178]judgment was affirmed on June 4, 1918, and in obedience to said judgment the said board on August 15, 1918, set aside its order of dismissal, ......
  • Request a trial to view additional results
7 cases
  • La Grange v. State, No. 29627
    • United States
    • Indiana Supreme Court of Indiana
    • 31 Octubre 1958
    ...1908, 170 Ind. 635, 85 N.E. 356; Ray v. State, 1917, 186 Ind. 396, 114 N.E. 866; Kilgallen v. State, 1922, 192 Ind. 351, 132 N.E. 682, 137 N.E. 178; Nixon v. State, 1935, 207 Ind. 426, 193 N.E. 591, 97 A.L.R. 894. Cf. State v. Shumaker, 1927, 200 Ind. 623, 157 N.E. 769, 162 N.E. 441, 163 N.......
  • State ex rel. Indianapolis Bar Ass'n v. Fletcher Trust Co., No. 26639.
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Enero 1937
    ...or statements of the respondent which are clearly contemptuous in character.’ Kilgallen v. State (1922) 192 Ind. 531, 132 N.E. 682, 686,137 N.E. 178. The above case grew out of facts where an information had been filed against the appellant who was the managing editor of a newspaper and who......
  • Lindsay v. State , No. 24589.
    • United States
    • Indiana Supreme Court of Indiana
    • 12 Noviembre 1924
    ...v. State (1921) 191 Ind. 206, 131 N. E. 397;Taylor v. State (1921) 191 Ind. 200, 132 N. E. 294, 295; Flanagan v. State (1922; Ind. Sup.) 137 N. E. 178;Moore v. State (1923; Ind. Sup.) 141 N. E. 638, 639;McNaught v. State (1924; Ind. Sup.) 142 N. E. 418;Farb v. State (1924; Ind. Sup.) 143 N.......
  • State ex rel. Ham v. Hulley, No. 23979.
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Diciembre 1922
    ...to reinstate them in their offices on the police force as of the date of their dismissal, and upon an appeal to the Supreme Court that [137 N.E. 178]judgment was affirmed on June 4, 1918, and in obedience to said judgment the said board on August 15, 1918, set aside its order of dismissal, ......
  • Request a trial to view additional results

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