Myers v. State, 867S60

• Decision Date: 25 February 1969
• Docket Number: No. 867S60,867S60
• Citation: 251 Ind. 126,244 N.E.2d 649
• Parties: Larry Wayne MYERS, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 649

244 N.E.2d 649

251 Ind. 126

Larry Wayne MYERS, Appellant, v. STATE of Indiana, Appellee.

No. 867S60.

Supreme Court of Indiana.

Feb. 25, 1969.

Howard S. Grimm, Jr., Edgar A. Grimm, Kendallville, for appellant.

John J. Dillon, Atty. Gen., Dennis J. Dewey, Deputy Atty. Gen., for appellee.

ON PETITION FOR REHEARING

DeBRULER, Chief Justice.

The only issue in appellant's petition for rehearing that was not considered and decided in the original opinion is whether appellant has a right to oral argument before this Court. This Court refused appellant's petition for oral argument. In Robbins v. State (1969), Ind., 242 N.E.2d 925, Judge Hunter, speaking for a unanimous Court said:

'While it is true that, when an appeal is afforded to an accused, certain essentials attach to the appellate procedure, it has never been required that one such essential be oral argument. It has been the experience of this court that oral argument has proved helpful or decisive only when the issues were too complex to be adequately covered in a written brief. In the instant case we feel the briefs adequately and completely articulate the issues involved in this appeal.'

On the authority of that case we deny rehearing.

ARTERBURN, HUNTER and JACKSON, JJ. concur.

GIVAN, J., not participating.