Wurfel v. State
| Citation | 78 N.E. 635,167 Ind. 160 |
| Decision Date | 04 October 1906 |
| Docket Number | 20,807 |
| Parties | Wurfel v. The State |
| Court | Supreme Court of Indiana |
From Clark Circuit Court; C. W. Cook, Special Judge.
Prosecution by the State of Indiana against John Wurfel. From a judgment of conviction, defendant appeals.
Affirmed.
James W. Fortune, for appellant.
Charles W. Miller, Attorney-General, C. C. Hadley, H. M. Dowling and W. C. Geake, for the State.
Appellant was convicted of an assault and battery with intent to commit rape. A number of alleged errors, which might properly have been urged as grounds for a new trial, have been assigned. The only proper assignment of errors is the overruling of appellant's motion for a new trial. The motion for a new trial is not embraced in the record proper, but only in what purports to be a bill of exceptions. This bill of exceptions is not identified, but is merely attached to the transcript, and there is no record entry of the filing of the same. If it were conceded that this bill of exceptions constituted a part of the record, which we need not and do not decide, still it must be held that a motion for a new trial, which is copied in such bill, but does not appear elsewhere, is not properly a part of the record. Wilson v. State (1901), 156 Ind. 631, 59 N.E. 380, and cases cited.
In the absence of the motion for a new trial, no error is made to appear, and the judgment is affirmed.
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Malott v. Cent. Trust Co. of Greencastle
...156 Ind. 631, 635, 636, 59 N. E. 380, 60 N. E. 1086, and authorities cited; Harris v. State, 155 Ind. 15, 56 N. E. 916;Wurfel v. State, (Ind. Sup.) 78 N. E. 635; 3 Ency. Pl. & Pr., 604-606. It is evident that under the authorities cited final judgments, motions for a new trial, and in arres......
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Malott v. Central Trust Company
... ... any conflict between the two as to such matters the record ... proper will control. Wilson v. State ... (1901), 156 Ind. 631, 635, 636, 59 N.E. 380, and authorities ... cited; Harris v. State (1900), 155 Ind. 15, ... 56 N.E. 916; Cooney v ... State ... (1901), 156 Ind. 631, 635, 636, 59 N.E. 380, and authorities ... cited; Harris v. State (1900), 155 Ind. 15, ... 56 N.E. 916; Wurfel v. State (1906), 167 ... Ind. 160, 78 N.E. 635; 3 Ency. Pl. and Pr., 404-406. It is ... evident that under the authorities cited final judgments, ... ...
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Burch v. State
... ... bill of exceptions. Home, etc., Power Co. v ... Globe, etc., Co. (1897), 146 Ind. 673, 45 N.E. 1108; ... Harris v. State (1900), 155 Ind. 15, 56 ... N.E. 916; Wilson v. State, supra; ... Cooney v. American, etc., Ins. Co. (1903), ... 161 Ind. 193, 67 N.E. 989; Wurfel v. State ... (1906), 167 Ind. 160, 78 N.E. 635; Wurfel v ... State (1906), 167 Ind. 191, 78 N.E. 667; ... Malott v. Central Trust Co., ... supra; 3 Ency Pl. & Pr. 404-406. In Ewbank, ... Indiana Criminal Law (2d ed.) § 672, it is said: ... "The motion for a new trial, and the ruling of the ... ...