Martin v. State

Citation47 N.E. 930, 148 Ind. 519
Case DateOctober 13, 1897
CourtSupreme Court of Indiana

148 Ind. 519
47 N.E. 930

MARTIN
v.
STATE.

Supreme Court of Indiana.

Oct. 13, 1897.


Appeal from circuit court, Perry county; Edward Gough, Judge.

James Martin was convicted of larceny, and appeals. Reversed.


C. H. De Weese and Wm. A. Land, for appellant. Thos. W. Lindsay, Pros. Atty., Sullivan M. Hillegoss, W. A. Ketcham, Atty. Gen., and Merrill Moores, for the State.

HACKNEY, J.

The appellant seeks a reversal of the judgment of the lower court wherein he was found and adjudged guilty of the crime of larceny. The question urged arises upon the evidence, and the appellee objects to any consideration of the evidence, upon the ground that the record does not affirmatively disclose that the bill of exceptions was signed by the trial judge before the same was filed by the clerk. It affirmatively appears from the entries of the court that on the 9th day of February, 1897, the appellant filed, during the term and within the time allowed, the bill of exceptions copied into the transcript. The bill so copied discloses that it was tendered to and signed by the judge on said 9th day of February, 1897. From the record entries and the copy of the bill, including the signature of the judge, but one inference is possible, and that is that the signing preceded the filing. It has not been held, as in the required preliminary filing of the longhand manuscript of the evidence, to become a part of the record, that the filing of a completed bill, under sections 641, 1916, Rev. St. 1894, is not sufficient. While signing is a prerequisite to the filing of a bill, because the instrument does not become a bill until it is signed, when the transcript shows the filing of a completed bill, within the time required, the single inference must be that it was signed and in the condition in which it is shown to have been filed; otherwise, it must be presumed that the clerk has certified that which is untrue.

Upon a careful study of the evidence, we are satisfied that it was not sufficient to support the finding of the court. Two men, Martin and Thayer, tramping from Cincinnati to Evansville, arrived at Tell City in the evening, and visited two clothing stores, in each of which Martin sought a pair of jean trousers, of a kind usually kept in such stores, and in neither of which could they be found at that time. During their visit to the second of said stores, and while Martin was looking at trousers in the back part of the store, with his back to Thayer, the latter stole a suit of...

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21 practice notes
  • Baker v. State, No. 29297
    • United States
    • Indiana Supreme Court of Indiana
    • December 13, 1956
    ...N.E.2d 223. 4 'It is not enough that evidence merely tends to support the conclusion of guilt; it must support it.' Martin v. State, 1897, 148 Ind. 519, 521, 47 N.E. In considering the standard by which we review the evidence where it is challenged as being insufficient to sustain a verdict......
  • Zollman v. Baltimore & O.S.W.R. Co., No. 9269.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 11, 1918
    ...the former. Giving force to such presumption, it is sufficiently disclosed that the bill was signed before it was filed. Martin v. State, 148 Ind. 519, 47 N. E. 930;Toledo, etc., Co. v. Parks, 163 Ind. 592, 72 N. E. 636;Davis v. Neighbors, 34 Ind. App. 441, 73 N. E. 151. [9] The various oth......
  • Paternity of Tompkins, In re, No. 35A02-8702-JV-82
    • United States
    • Indiana Court of Appeals of Indiana
    • January 28, 1988
    ...518, 47 N.E. at 330. Thus, the court overruled the grant of the demurrer to the complaint and ordered further Page 506 proceedings. Id. 148 Ind. at 519, 47 N.E. at In Kirby, the complaint alleged that land owned by Clay Kirby was willed to his son for life and then to Kirby's grandchildren.......
  • Dunn v. State
    • United States
    • Indiana Supreme Court of Indiana
    • June 18, 1903
    ...will be presumed, in the absence of anything to the contrary in the record, that the bill was signed before it was filed. Martin v. State, 148 Ind. 519, 47 N. E. 930;Bradley, etc., Co. v. Whicker, 23 Ind. App. 381, 55 N. E. 490. Under the act of 1897 (Acts 1897, p. 244, c. 162; Burns' Rev. ......
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25 cases
  • Baker v. State, No. 29297
    • United States
    • Indiana Supreme Court of Indiana
    • December 13, 1956
    ...N.E.2d 223. 4 'It is not enough that evidence merely tends to support the conclusion of guilt; it must support it.' Martin v. State, 1897, 148 Ind. 519, 521, 47 N.E. In considering the standard by which we review the evidence where it is challenged as being insufficient to sustain a verdict......
  • Zollman v. Baltimore & O.S.W.R. Co., No. 9269.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 11, 1918
    ...the former. Giving force to such presumption, it is sufficiently disclosed that the bill was signed before it was filed. Martin v. State, 148 Ind. 519, 47 N. E. 930;Toledo, etc., Co. v. Parks, 163 Ind. 592, 72 N. E. 636;Davis v. Neighbors, 34 Ind. App. 441, 73 N. E. 151. [9] The various oth......
  • Paternity of Tompkins, In re, No. 35A02-8702-JV-82
    • United States
    • Indiana Court of Appeals of Indiana
    • January 28, 1988
    ...518, 47 N.E. at 330. Thus, the court overruled the grant of the demurrer to the complaint and ordered further Page 506 proceedings. Id. 148 Ind. at 519, 47 N.E. at In Kirby, the complaint alleged that land owned by Clay Kirby was willed to his son for life and then to Kirby's grandchildren.......
  • Dunn v. State
    • United States
    • Indiana Supreme Court of Indiana
    • June 18, 1903
    ...will be presumed, in the absence of anything to the contrary in the record, that the bill was signed before it was filed. Martin v. State, 148 Ind. 519, 47 N. E. 930;Bradley, etc., Co. v. Whicker, 23 Ind. App. 381, 55 N. E. 490. Under the act of 1897 (Acts 1897, p. 244, c. 162; Burns' Rev. ......
  • Request a trial to view additional results

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