McLaughlin v. State
| Decision Date | 05 December 1856 |
| Citation | 8 Ind. 258 |
| Parties | McLaughlin v. The State |
| Court | Indiana Supreme Court |
From the LaGrange Circuit Court.
The judgment is reversed. Cause remanded for a new trial.
A. Ellison, for appellant.
S. J. Stoughton, for State.
This case falls within that of Wheeler v. State, ante, p. 113. The Court should have granted the continuance or required the admission of facts sworn to, agreeably to the rule of practice there laid down,--a rule which, upon reconsideration, we are satisfied with.
The provisions in the civil code do not necessarily govern in criminal practice; but it is reasonable to consult them, in the absence of special provisions in the criminal code, in establishing rules, as the Court must, in relation to procedure in criminal cases. We think the case of Hamilton v. State, 3 Ind. 552, should be overruled as to this point of practice.
The judgment below is reversed. Cause remanded for a new trial, and the keeper of the State prison is ordered to be notified pursuant to the statute, to return the prisoner, etc.
To continue reading
Request your trial