State v. Patsel, No. 29743

Docket NºNo. 29743
Citation163 N.E.2d 602, 240 Ind. 240
Case DateJanuary 11, 1960
CourtSupreme Court of Indiana

Page 602

163 N.E.2d 602
240 Ind. 240
STATE of Indiana, Appellant,
v.
Raymond PATSEL, Appellee.
No. 29743.
Supreme Court of Indiana.
Jan. 11, 1960.

[240 Ind. 241] Edwin R. Steers, Atty. Gen., Owen S. Boling, Asst. Atty. Gen., Donald K. Travis, Prox. Atty., Marshall F. Rizer, Asst. Pros. Atty., Plymouth, for appellant.

Galeman Dexter, Albert B. Chipman, Plymouth, for appellee.

JACKSON, Judge.

This is an appeal by the State of Indiana from a judgment of the trial court in a criminal case, sustaining the appellee's motion for a directed verdict made at the close of the state's evidence and before any evidence was introduced on behalf of the appellee.

The appellee was charged by indictment in six counts, the first three of which charged the appellee with feloniously, falsely and fraudulently making, forging and counterfeiting a certain last will and testament

Page 603

purporting to have been made by one Amanda Harley; the last three of said counts charging the appellee with unlawfully, feloniously, fraudulently and knowingly uttering, publishing, offering and petitioning for probate in the Marshall Circuit Court of Marshall County, Indiana, a certain false, forged and counterfeit last will and testament purporting to have been made and executed by one Amanda Harley.

[240 Ind. 242] Thereafter the appellee filed his motion to quash all six counts of the indictment for the following reasons,

'(1) The facts stated in said indictment, and in each of the six counts thereof, separately and severally, do not constitute a public offense.

'(2) Said indictment and each of the six counts thereof separately and severally, does not state the offense charged with sufficient certainty.'

The court overruled the appellee's motion as to counts one and four and sustained it as to counts two, three, five and six. Appellee thereupon waived arraignment and pleaded not guilty to counts one and four of the indictment.

The pertinent parts of the counts of the indictment to which the appellee pleaded and on which he stood trial read as follows, to wit:

'Count One: * * * that Raymond Patsel, late of said County, on the First Day of May, 1957, at said County and State aforesaid, did then and there feloniously, falsely and fraudulently make, forge and counterfeit a certain Last Will and Testament purporting to have been made and executed by Amanda Harley, * * *. * * * with intent then and there and thereby feloniously, falsely and fraudulently to defraud the estate of Amanda Harley, Contrary to the form of the Statute in such cases made and...

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18 practice notes
  • State v. Lewis, No. 381S84
    • United States
    • Indiana Supreme Court of Indiana
    • December 31, 1981
    ...388, 28 N.E.2d 70 (appeal sustained), State v. Schroeppel, (1959) 240 Ind. 185, 162 N.E.2d 683 (appeal sustained), State v. Patsel, (1959) 240 Ind. 240, 163 N.E.2d 602 (appeal There is no difference between a judgment on the evidence granted before the case is given to the jury and one afte......
  • Tait v. State, No. 30164
    • United States
    • Indiana Supreme Court of Indiana
    • March 13, 1963
    ...to the State, and the inferences to be drawn therefrom, did not justify a directed verdict of not guilty. In State v. Patsel (1960), 240 Ind. 240, 245, 163 N.E.2d 602, 604, this court reiterated what was said in State v. Torphy (1940), 217 Ind. 383, 388, 28 N.E.2d 70, "It is thoroughly sett......
  • Brown v. State, No. 469S69
    • United States
    • Indiana Supreme Court of Indiana
    • October 8, 1970
    ...the province of the jury for the court to direct a verdict. Davis v. State (1968), 249 Ind. 596, 233 N.E.2d 642; State v. Patsel (1960), 240 Ind. 240, 163 N.E.2d 602; State v. Torphy (1940), 217 Ind. [255 Ind. 53] 383, 28 N.E.2d 70; State v. Kubiak (1936), 210 Ind. 479, 4 N.E.2d In Green v.......
  • Seal v. State, No. 30469
    • United States
    • Indiana Supreme Court of Indiana
    • April 15, 1965
    ...Co. (1905) 165 Ind. 32, 73 N.E. 592, 74 N.E. 613.' State v. Kubiak (1936), 210 Ind. 479, 480, 481, 4 N.E.2d 193; State v. Patsel (1960), 240 Ind. 240, 245, 163 N.E.2d 602, 604; State v. Torphy (1940), 217 Ind. 383, 388, 28 N.E.2d It seems reasonable that the same rule would prevail where a ......
  • Request a trial to view additional results
18 cases
  • State v. Lewis, No. 381S84
    • United States
    • Indiana Supreme Court of Indiana
    • December 31, 1981
    ...388, 28 N.E.2d 70 (appeal sustained), State v. Schroeppel, (1959) 240 Ind. 185, 162 N.E.2d 683 (appeal sustained), State v. Patsel, (1959) 240 Ind. 240, 163 N.E.2d 602 (appeal There is no difference between a judgment on the evidence granted before the case is given to the jury and one afte......
  • Tait v. State, No. 30164
    • United States
    • Indiana Supreme Court of Indiana
    • March 13, 1963
    ...to the State, and the inferences to be drawn therefrom, did not justify a directed verdict of not guilty. In State v. Patsel (1960), 240 Ind. 240, 245, 163 N.E.2d 602, 604, this court reiterated what was said in State v. Torphy (1940), 217 Ind. 383, 388, 28 N.E.2d 70, "It is thoroughly sett......
  • Brown v. State, No. 469S69
    • United States
    • Indiana Supreme Court of Indiana
    • October 8, 1970
    ...the province of the jury for the court to direct a verdict. Davis v. State (1968), 249 Ind. 596, 233 N.E.2d 642; State v. Patsel (1960), 240 Ind. 240, 163 N.E.2d 602; State v. Torphy (1940), 217 Ind. [255 Ind. 53] 383, 28 N.E.2d 70; State v. Kubiak (1936), 210 Ind. 479, 4 N.E.2d In Green v.......
  • Seal v. State, No. 30469
    • United States
    • Indiana Supreme Court of Indiana
    • April 15, 1965
    ...Co. (1905) 165 Ind. 32, 73 N.E. 592, 74 N.E. 613.' State v. Kubiak (1936), 210 Ind. 479, 480, 481, 4 N.E.2d 193; State v. Patsel (1960), 240 Ind. 240, 245, 163 N.E.2d 602, 604; State v. Torphy (1940), 217 Ind. 383, 388, 28 N.E.2d It seems reasonable that the same rule would prevail where a ......
  • Request a trial to view additional results

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