Meredith v. State
| Decision Date | 13 March 1890 |
| Docket Number | 15,157 |
| Citation | 24 N.E. 161,122 Ind. 514 |
| Parties | Meredith v. The State |
| Court | Indiana Supreme Court |
From the Jefferson Circuit Court.
Judgment affirmed, with costs.
A. D Vanosdol and H. Francisco, for appellant.
L. T Michener, Attorney General, and J. H. Gillett, for the State.
The appellant was indicted in the Jefferson Circuit Court for murder in the first degree.
There was a trial, resulting in a verdict, finding the defendant guilty of manslaughter, and fixing his punishment at fifteen years imprisonment in the State prison.
The defendant moved for a new trial, which was overruled. One of the causes assigned for a new trial was the misconduct of a juror, in that he had expressed an opinion as to the defendant's guilt prior to the trial, and that upon his examination as a juror he had stated that he had not formed or expressed any opinion as to the guilt or innocence of the defendant, and he was accepted as a juror. Affidavits were filed in support of this cause for a new trial, also counter-affidavits were filed by the State. The court, on motion, ordered these affidavits made a part of the record without a bill of exceptions.
Another cause assigned for a new trial was error of law occurring at the trial in the giving, and refusing to give, instructions by the court. These instructions are copied into the record.
Neither the affidavits nor the instructions are embraced in the bill of exceptions filed in the case. No question is presented as to the ruling of the court on either of these causes for a new trial. Section 535, R. S. 1881, relating to instructions, and providing for the reserving of exceptions to the giving, or refusal to give, instructions without embodying them in a bill of exceptions, and section 650, R. S. 1881, providing that papers filed in a cause may be made a part of the record by order of the court, relate exclusively to civil causes, and to present any question in a criminal case they must be embodied in a bill of exceptions. Leverich v. State, 105 Ind. 277, 4 N.E. 852.
There is also assigned as a cause for a new trial that the verdict is contrary to the evidence. This presents the only question in the case.
The evidence fully supports the verdict, and justified the finding of the defendant guilty of manslaughter. The evidence shows that an altercation took place between Gilgore, the deceased, and the appellant, the appellant being at his...
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...case they can only be brought into the record by a bill of exceptions. Leverick v. State, 105 Ind. 277, 4 N. E. 852;Meredith v. State, 122 Ind. 514, 24 N. E. 161. The instructions not being in the record, no question as to the correctness of the action of the court in giving and refusing th......