Oats v. State
| Decision Date | 14 November 1899 |
| Docket Number | 18,958 |
| Citation | 55 N.E. 226,153 Ind. 436 |
| Parties | Oats v. The State |
| Court | Indiana Supreme Court |
Affirmed.
James M. Hatfield and G. W. Stults, for appellant.
W. L Taylor, Attorney-General, Merrill Moores and C. C. Hadley for State.
Appellant was tried and convicted in the lower court, upon affidavit and information, of an assault and battery with the intent to murder one Israel Kaylor; and, over his motion for a new trial, he was sentenced to be imprisoned in the state prison. The first contention of his counsel is that the court erred in overruling his motion to quash the affidavit and information, for the reason, as contended, that when this latter pleading was filed by the State there was no affidavit on file with the clerk upon which to base the information.
It is disclosed by the record that appellant was originally arrested upon a warrant issued by the mayor of the city of Huntington upon an affidavit charging him with the crime of which he was convicted. After a preliminary examination in the mayor's court, he was recognized to appear before the Huntington Circuit Court to answer to said charge; and it appears that on March 7, 1899, the mayor certified the proceedings had before him in said cause to that court, and delivered on that day the transcript of such proceedings together with all the papers in the cause, to the clerk thereof. The original affidavit filed before the mayor therefore appears to have been actually deposited with the clerk of the court on March 7, 1899; and the information, as it is shown, was not filed by the state's attorney until March 11, 1899. It is disclosed, however, by proceedings had in this cause in the lower court, that by some inadvertence this affidavit was indorsed by the clerk as filed in his office on a date subsequent to the filing of the information. After the trial of appellant, it seems that the State made an application to the court, supported by affidavits, to correct the file mark on the affidavit so as to make it speak the truth, by showing that the paper was filed on March 7, 1899, instead of the 24th of that month. This motion the court sustained over the objections and exceptions of appellant, and the affidavit, as it now appears in the record, is shown to have been filed with the clerk on March 7, 1899; and consequently appellant's reasons assigned for quashing the information and affidavit are not sustained by the record. The court's action in causing the file mark on the affidavit to be corrected is assigned and urged as error. Certainly the court...
To continue reading
Request your trial