Neeley v. State, 3--772A36
Decision Date | 02 January 1974 |
Docket Number | No. 3--772A36,3--772A36 |
Citation | 305 N.E.2d 434,261 Ind. 434 |
Parties | Tommie Lee NEELEY, Appellant, v. STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
DE BRULER, Justice.
Appellant has filed a petition to transfer from a decision from the Third District Court of Appeals found at 297 N.E.2d 847. In its opinion the Third District affirmed appellant's conviction for the offense of committing bodily injury upon a police officer (I.C.1971, 35--21--4--2, being Burns § 10--1005a) after concluding that the evidence presented at trial was sufficient as a matter of law to support such conviction and that I.C.1971, 35--1--49--1, being Burns § 9-2407, does not require a trial judge in a criminal proceeding to make special findings and conclusions pursuant to TR. 52(A), I.C.1971, 34--5--1--1.
We agree with the decision the Court of Appeals reached on both of these issues and we have therefore decided to deny the petition to transfer. However, we feel constrained to point out that we do not agree with footnote #5 of that opinion which states that:
This footnote apparently suggests that I.C.1971, 34--5--2--1, being Burns § 2--4718, requires us to approve the criminal procedure rules enacted by the Legislature in 1973, before they become effective. That statute reads in part:
In contrast to the Court of Appeals' interpretation in footnote...
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