Schooler v. State

Decision Date11 October 1966
Docket NumberNo. 30662,30662
CitationSchooler v. State, 220 N.E.2d 344, 247 Ind. 624 (Ind. 1966)
PartiesMary E. SCHOOLER, Appellant, v. STATE of Indiana, Appellee.
CourtIndiana Supreme Court

George R. Brawley, Ft. Wayne, for appellant.

John J. Dillon, Atty. Gen., David S. Wedding, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION FOR REHEARING

RAKESTRAW, Chief Justice.

In her petition for rehearing the appellant complains that the original court opinion did not deal with her allegation that her arrest was unlawful.

We are of the opinion that the facts stated in our original opinion were sufficient facts to demonstrate that the officers making the arrest had proper cause for believing that the appellant had committed a felony and that the arrest was not unlawful.

We are of the opinion that the other matters raised in the appellant's petition for rehearing are without merit.

The petition for rehearing is therefore denied.

ARTERBURN and MYERS, JJ., concur.

JACKSON, J., voted for rehearing.

ACHOR, J., not participating.

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2 cases
  • Ellis v. State, 169
    • United States
    • Indiana Supreme Court
    • September 3, 1969
    ...is substantial evidence of probative value to support an inference of guilt. Schooler v. State (1966), 247 Ind. 624, 218 N.E.2d 135, 220 N.E.2d 344; Herman v. State (1965), 247 Ind. 7, 210 N.E.2d 249, cert. den. 384 U.S. 918, 86 S.Ct. 1364, 16 L.Ed.2d 439; Wagner v. State (1963), 243 Ind. 5......
  • Bullitt v. State, 2--873A185
    • United States
    • Indiana Appellate Court
    • August 29, 1974
    ...Stallings v. State (1967), 249 Ind. 110, 231 N.E.2d 29; Schooler v. State (1966), 247 Ind. 624, 218 N.E.2d 135; rehearing denied, 220 N.E.2d 344. In an analogous case our Supreme Court 'It is true that there is no direct evidence in the record that anyone actually saw the appellant remove a......