Sutton v. State, No. 29895

Docket NºNo. 29895
Citation166 N.E.2d 651, 240 Ind. 512
Case DateMay 09, 1960
CourtSupreme Court of Indiana

Page 651

166 N.E.2d 651
240 Ind. 512
Flinora SUTTON, Appellant,
v.
STATE of Indiana, Appellee.
No. 29895.
Supreme Court of Indiana.
May 9, 1960.

Thomas M. Crowdus, Patrick E. Chavis, Jr., Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen., Richard M. Givan, Deputy Atty. Gen., for appellee.

LANDIS, Judge.

Appellant was indicted for the manslaughter of her husband and after a trial by jury, was convicted of the lesser included offense of assault and battery with intent to commit a felony. She was sentenced to the Indiana Women's Prison for a period of one to ten years.

On this appeal the only error assigned is the overruling of appellant's motion for new trial.

Appellee (The State) has filed motion to dismiss or affirm asserting that the verdict was returned on July 29, 1959, but that the motion for new trial was not filed until 37 days thereafter on September 4, 1959, which was too late under Burns' § 9-1903 (being Acts 1905, ch. 169, § 282, p. 584), providing:

[240 Ind. 513] 'The motion for a new trial * * * must be filed within thirty days from the date of the verdict or finding;' and further that '* * * the motion must be filed in open court, if the court be then in session; otherwise it shall be filed with the clerk of the court.'

The motion for new trial did not set forth any valid reason or excuse for not complying with the statute (See Walker, alias Walters v. State, 1948, 226 Ind. 552, 82 N.E.2d 245; Haley v. State of Indiana, 1956, 235 Ind. 333, 133 N.E.2d 565), and since under the above statute for such a motion to be considered by this court, it must have been filed not more than 30 days after the verdict or finding, no question is before us for decision on this appeal. See Grecu v. State, 1954, 233 Ind. 464, 120 N.E.2d 179; Walker, alias Walters v. State, 1948, supra; Webster v. State, 1935, 209 Ind. 274, 198 N.E. 781.

The judgment is affirmed.

ARTERBURN, C. J., and JACKSON and ACHOR, JJ., concur.

BOBBITT, J., concurs in result.

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6 practice notes
  • Langley v. State, Nos. 970S199
    • United States
    • Indiana Supreme Court of Indiana
    • March 22, 1971
    ...State ex rel. Macon v. Orange Circuit Court (1964), 245 Ind. 269, 195 N.E.2d 352, 198 N.E.2d 229; Sutton v. State [256 Ind. 206] (1960), 240 Ind. 512, 166 N.E.2d 651; Groover v. State (1959), 239 Ind. 271, 156 N.E.2d 307,--unless the defendant can show that the failure to do so was not due ......
  • Hunter v. Hunter, No. 568
    • United States
    • Indiana Court of Appeals of Indiana
    • May 8, 1969
    ...1959. Blanton v. State, 1955, 234 Ind. 142, 124 N.E.2d 382; Murley v. State, 1960, 240 Ind. 655, 168 N.E.2d 205; Sutton v. State, 1960, 240 Ind. 512, 166 N.E.2d Groover v. State, 239 Ind. 271, 156 N.E.2d 307 (1959); Sutton v. State, 240 Ind. 512, 166 N.E.2d 651 (1960); Murley, Conklin v. St......
  • White v. Livengood, No. 2-178A10
    • United States
    • Indiana Court of Appeals of Indiana
    • June 18, 1979
    ...our attention to the first Motion to Correct Errors. See Beck v. State (1961), 241 Ind. 237, 170 N.E.2d 661; Sutton v. State (1960), 240 Ind. 512, 166 N.E.2d 651; Lines v. Browning (1973), 156 Ind.App. 185, 295 N.E.2d 853; Matthew v. Gavit (1966), 138 Ind.App. 425, 214 N.E.2d Examining the ......
  • Strate v. Strate, No. 670A98
    • United States
    • Indiana Court of Appeals of Indiana
    • May 26, 1971
    ...concerning its overruling could be presented on appeal. Natthew v. Gavit (1966), 138 Ind.App. 425, 214 N.E.2d 404; Sutton v. State (1960), 240 Ind. 512, 166 N.E.2d Instead of filing a motion for new trial, plaintiff filed her [149 Ind.App. 34] Petition To Vacate and Modify and Set Aside Par......
  • Request a trial to view additional results
6 cases
  • Langley v. State, Nos. 970S199
    • United States
    • Indiana Supreme Court of Indiana
    • March 22, 1971
    ...State ex rel. Macon v. Orange Circuit Court (1964), 245 Ind. 269, 195 N.E.2d 352, 198 N.E.2d 229; Sutton v. State [256 Ind. 206] (1960), 240 Ind. 512, 166 N.E.2d 651; Groover v. State (1959), 239 Ind. 271, 156 N.E.2d 307,--unless the defendant can show that the failure to do so was not due ......
  • Hunter v. Hunter, No. 568
    • United States
    • Indiana Court of Appeals of Indiana
    • May 8, 1969
    ...1959. Blanton v. State, 1955, 234 Ind. 142, 124 N.E.2d 382; Murley v. State, 1960, 240 Ind. 655, 168 N.E.2d 205; Sutton v. State, 1960, 240 Ind. 512, 166 N.E.2d Groover v. State, 239 Ind. 271, 156 N.E.2d 307 (1959); Sutton v. State, 240 Ind. 512, 166 N.E.2d 651 (1960); Murley, Conklin v. St......
  • White v. Livengood, No. 2-178A10
    • United States
    • Indiana Court of Appeals of Indiana
    • June 18, 1979
    ...our attention to the first Motion to Correct Errors. See Beck v. State (1961), 241 Ind. 237, 170 N.E.2d 661; Sutton v. State (1960), 240 Ind. 512, 166 N.E.2d 651; Lines v. Browning (1973), 156 Ind.App. 185, 295 N.E.2d 853; Matthew v. Gavit (1966), 138 Ind.App. 425, 214 N.E.2d Examining the ......
  • Strate v. Strate, No. 670A98
    • United States
    • Indiana Court of Appeals of Indiana
    • May 26, 1971
    ...concerning its overruling could be presented on appeal. Natthew v. Gavit (1966), 138 Ind.App. 425, 214 N.E.2d 404; Sutton v. State (1960), 240 Ind. 512, 166 N.E.2d Instead of filing a motion for new trial, plaintiff filed her [149 Ind.App. 34] Petition To Vacate and Modify and Set Aside Par......
  • Request a trial to view additional results

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