Ogle v. State

• Decision Date: 12 December 1912
• Docket Number: No. 22,194.,22,194.
• Citation: 100 N.E. 5,178 Ind. 672
• Parties: OGLE v. STATE.
• Court: Indiana Supreme Court

178 Ind. 672

100 N.E. 5

OGLE

v.STATE.

No. 22,194.

Supreme Court of Indiana.

Dec. 12, 1912.

Appeal from Circuit Court, Hamilton County; Meade Vestal, Judge.

Calvin Ogle, whose true name is Clarence E. Ogle, was convicted of petit larceny, and he appeals. Affirmed.

Christian & Christian, of Noblesville, for appellant. Thomas M. Honan, Atty. Gen., Thomas H. Branaman, of Indianapolis, Edwin Corr, of Bloomington, and Jas. E. McCullough, of Indianapolis, for the State.

MYERS, J.

Appellant was tried and convicted upon a charge of petit larceny. He assigns as error want of jurisdiction of the subject-matter by reason of alleged failure to prove the venue, a question which could only arise upon a motion for a new trial; error in overruling the motion to quash the affidavit; and in overruling his motion for a new trial.

[1] He has waived the question of the sufficiency of the affidavit by failure to discuss it, or to present any point or authority in regard to it.

[2] Appellant has made no attempt to comply with rule 22 (55 N. E. v) of this court, with respect to the evidence. Aside from conclusions as to some matters, and one question, and the answer as to matters not in issue, none of the evidence in any form is set out in any portion of the brief, and the points and authorities are statements of abstract propositions, as to questions of variance. To what they may apply, or as to what the evidence was, cannot be ascertained from the brief, and we must under such circumstances decline to search the record to find what it was, or to what evidence, if any, the points and authorities refer.

The judgment is affirmed.