State v. Green, No. 26223.
| Docket Nº | No. 26223. |
| Citation | 194 N.E. 182, 207 Ind. 583 |
| Case Date | February 22, 1935 |
| Court | Supreme Court of Indiana |
207 Ind. 583
194 N.E. 182
STATE
v.
GREEN.
No. 26223.
Supreme Court of Indiana.
Feb. 22, 1935.
Proceedings by the State against Herman A. Green on an affidavit charging that defendant, while a member of the city council at Gary, became unlawfully and feloniously interested in a contract entered into by the city. A motion to quash the affidavit was sustained, and the State appeals.
Appeal not sustained.
ROLL and TREANOR, JJ., dissenting.
[207 Ind. 584]Appeal from Jasper Circuit Court; Moses R. Leopold, Judge.
Robert G. Estill, of Hammond, and James M. Ogden, Atty. Gen., for the State.
[194 N.E. 183]
HUGHES, Judge.
The appellee was charged by affidavit while being a member of the common council of the city of Gary, Ind., he became unlawfully and feloniously interested in a contract for the painting of certain fire stations in said city of Gary, entered into between said city and one William. J. Harris, which said contract was authorized and the money appropriated by the common council, of which the appellee was a member.
The prosecution was predicated upon the following affidavit, omitting certain parts not applicable to the case:
‘Emzie H. Hahn, being duly sworn, upon his oath says for amended affidavit herein, that on or about the 19th day of January A. D. 1932, at and in the County of Lake, and State of Indiana Herman A. Green was, at the general election, 1929, duly elected a member of the Common Council of the City of Gary, Indiana, and thereafter duly qualified and on the first Monday of January, 1930, entered upon the discharge of the duties of a City Councilman in the said city of Gary, Lake County, Indiana, and that ever since that time and now he has been and is the duly elected, qualified and acting member of the Common Council of the City of Gary, aforesaid; that ever since and prior to the 1st day of January, 1930, and now, the City of Gary, has been and is the owner of certain buildings within the said City of Gary used for fire stations,[207 Ind. 585]and that on and prior to the 19th day of January, 1932, the common council of the City of Gary, of which the said Herman A. Green was then and there a member, duly acting as such, appropriated and created and authorized a fund to be apid out of the Treasury of the City of Gary, Indiana, for the purpose of painting the said buildings so used as fire stations aforesaid, and authorized Joseph Shirk, who was then and there and ever since has been the duly qualified and acting Chief of the Fire Department of the said City of Gary aforesaid, to enter into an agreement and contract for the furnishing of paint and labor for the painting of said buildings used as fire stations for the City of Gary aforesaid: and that the said Joseph Shirk acting for and on behalf of said City of...
To continue reading
Request your trial
-
State ex rel. Steers v. Holovachka, No. 29464
...Finn v. State, 1917, 66 Ind.App. 432, 433, 114 N.E. 9; Kerr v. State, 1917, 65 Ind.App. 102, 116 N.E. 590, and State v. Green, 1935, 207 Ind. 583, 194 N.E. 182, The finn and Kerr cases, supra, both involved a city councilman who had sold supplies and materials to a general contractor who wa......
-
Martin v. Loula, No. 26386.
...Amendment, but the court deems it unnecessary. Chapter 61, Acts 1925, violates section 23, art. 1, of the Bill of Rights of the Indiana [194 N.E. 182]Constitution, as well as the equal protection clause of the Fourteenth Amendment of the Federal Constitution. It is not of universal applicat......
-
State v. King, No. 49A02-8605-CR-154
...State v. Gillespie (1981), Ind.App., 428 N.E.2d 1338; see also Crouch v. State (1951), 229 Ind. 326, 97 N.E.2d 860; State v. Green (1935), 207 Ind. 583, 194 N.E. 182. The State submits that Supplier relied on facts alleged in the probable cause affidavit in stating that no public offense wa......
-
State v. Gillespie, No. 3-581A131
...See Smith v. State (1960), 241 Ind. 311, 170 N.E.2d 794; Crouch v. State (1951), 229 Ind. 326, 97 N.E.2d 860; State v. Green (1935), 207 Ind. 583, 194 N.E. 182. On the other hand, we remind the state that the prosecuting attorney's function in criminal proceedings includes the obligation to......