Spall v. State, 1--173A17
| Decision Date | 14 May 1973 |
| Docket Number | No. 1--173A17,1--173A17 |
| Parties | Jesse T. SPALL, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Appellate Court |
Vernon E. St. John and Charles R. Deets, III, Lafayette, for appellant.
Theo. L. Sendak, Atty. Gen., Robert A. Zaban, Deputy Atty. Gen., for appellee.
ON APPELLEE'S MOTION TO DISMISS
This cause is before the Court on the Appellee's Motion to Dismiss or Affirm and Memorandum in Support thereof, and the Appellant's Brief in Opposition to Motion to Dismiss. The Appellee's Motion to Dismiss and Memorandum allege this Court lacks jurisdiction to consider this cause because no Motion to Correct Errors was filed subsequent to the entry of judgment in the trial court.
The record of the proceedings herein reveals the following sequence of events:
6--28--72 Jury returned verdict finding defendant guilty of driving under influence of intoxicating liquor. Deputy Prosecuting Attorney moved for judgment on the verdict (which was not acted upon at that time).
7--7--72 Defendant filed Motion to Correct Errors
10--25--72 Court overruled Motion to Correct Errors. Court sustained Motion for Judgment on the verdict and ordered defendant to pay a fine of $25.00, costs, and suspended his driver's license for 60 days.
There was no Motion to Correct Errors filed at any time subsequent to the Court's entry of judgment and sentence. The only Motion to Correct Errors which was filed, was filed after the verdict was returned but before judgment was entered thereon and sentence was pronounced.
Under our former procedure, the time within which to file a motion for new trial was governed by statute in criminal cases (Burns' § 9--1903, IC 1971, 35--1--42--3) and by Supreme Court rule in civil cases (former rule 1--14A). In both civil and criminal cases, the time for filing of the motion for new trial was within 30 days from the verdict or decision in civil cases, and within 30 days from the verdict or finding in criminal cases. The former statute and rule did not mention judgment or sentencing in stating when the motion for new trial must be filed.
Under our present procedure, the time for filing the Motion to Correct Errors is governed by rule TR. 59(C), IC 1971, 34--5--1--1, in civil cases, and by rule CR. 16 in criminal cases. The time allowed in civil cases within which to file the Motion to Correct Errors is not later than 60 days after entry of judgment. In criminal cases, the defendant shall have 60 days from the date of sentencing to file the motion.
In both rule TR. 59(C) and rule CR. 16, the Supreme Court set a different time in the...
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Hornaday v. State
...because the motion was made on November 4, 1987, a day before the speedy-trial period was due to expire. See Spall v. State (1973) 1st Dist., 156 Ind.App. 189, 295 N.E.2d 852. Where a defendant moves for a discharge on the 69th day of the 70-day period, the motion should be overruled since ......
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Hansbrough v. Indiana Revenue Bd.
...held in Clanton v. State, supra: 'The question thus presented has previously been decided by this Court in the case of Spall v. State (1973), Ind.App., 295 N.E.2d 852. In the case presently before us, as well as in Spall, there was no motion to correct errors filed at any time subsequent to......
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...is to be filed sixty days from "sentencing". See also Clanton v. State, (1974) 159 Ind.App. 603, 308 N.E.2d 726; Spall v. State, (1973) 156 Ind.App. 189, 295 N.E.2d 852. Cf. State ex rel. Neal v. Hamilton Circuit Court, (1967) 248 Ind. 130, 134, 224 N.E.2d 55, 58 (no appealable final judgme......
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...entry of the verdict is not an appealable final judgment. Clanton v. State (1974), 159 Ind.App. 603, 308 N.E.2d 726; Spall v. State (1973), 156 Ind.App. 189, 295 N.E.2d 852. Similarly in Dowdell v. State (1975), 166 Ind.App. 395, 336 N.E.2d 699 for purposes of applying a statutory amendment......