Kilgallen v. State

• Decision Date: 06 December 1922
• Docket Number: No. 23820.,23820.
• Parties: KILGALLEN v. STATE.
• Court: Indiana Supreme Court

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 rehearingonly 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.