Webb v. State, 469

Decision Date01 July 1970
Docket NumberNo. 469,469
Citation254 Ind. 341,259 N.E.2d 651
PartiesFoster D. WEBB, Appellant, v. STATE of Indiana, Appellee. S 70.
CourtIndiana Supreme Court

George N. Craig, Brazil, Charles W. Edwards, Spencer, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, R. Michael Bruney, Deputy Atty. Gen., Indianapolis, for appellee.

JACKSON, Judge.

The appellant was convicted in the Owen Circuit Court of the crime of theft as defined by Ind.Ann.Stat. § 10-3030 (1969 supp.), and sentenced to the Indiana State Prison for a term of not less than one (1) nor more than ten (10) years, fined five-hundred dollars ($500.00) and ordered to pay the costs.

On appeal the appellant contends that he was denied a fair trial by reason of the trial court overruling the appellant's attorney's motion for a continuance, thereby causing the appellant to be represented at trial by another attorney who was not familiar with the appellant's case and who was not adequately prepared to defend the appellant.

In its brief the appellee State of Indiana expressed agreement with the appellant's contentions, and confessed error by stating:

'* * * the State respectfully recommends that this Court reverse the trial court's decision and order a new trial.'

Accordingly, the judgment of the trial court is reversed with instructions to grant the appellant's Motion for a New Trial.

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3 cases
  • Dudley Sports Co. v. Schmitt, 1170A193
    • United States
    • Court of Appeals of Indiana
    • February 22, 1972
    ......Carpenter-Morton Co. (1915), 220 Mass. 593, 108 N.E. 474; Commissioners of State Insurance Fund v. City Chemical [151 Ind.App. 225] Corp. (1943), 290 N.Y. 64, 48 N.E.2d 262; 1 ......
  • Carlin v. State, 769S161
    • United States
    • Supreme Court of Indiana
    • July 1, 1970
  • Johnson v. State, 1268S203
    • United States
    • Supreme Court of Indiana
    • July 30, 1970
    ...the statement contained in the affidavits. It seems to me that the following argument presented by the State as appellee in Webb v. State (1970), Ind., 259 N.E.2d 651, fits exactly the situation at bar. The argument reads as 'After careful review of defendant's Brief and the Transcript the ......

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