Barnard v. State

Indiana Supreme Court

Barnard v. State

50 N.E. 304, 150 Ind. 701, 1898 Ind. LEXIS 244

CourtIndiana Supreme Court

DecidedApril 29, 1898

DocketNo. 18,606

StatusPublished

Cited by1 cases

This text of 50 N.E. 304 (Barnard v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnard v. State, 50 N.E. 304, 150 Ind. 701, 1898 Ind. LEXIS 244 (Ind. 1898).

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Opinion

Per Curiam.

The question in -this case is as to the right of one charged with petit larceny to have the jury instructed that it is proper to determine whether the punishment, in the event of a finding of guilt, should be by imprisonment in the county jail, instead of the penitentiary or reformatory.

As held by this court in Hicks v. State, ante, 293, and Zeilinski v. State, ante, 700, such right exists, and such instruction should be given. On the authority of these cases, this judgment is reversed, with instructions to the lower court to grant a new trial.

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Per Curiam.

The question in -this case is as to the right of one charged with petit larceny to have the jury instructed that it is proper to determine whether the punishment, in the event of a finding of guilt, should be by imprisonment in the county jail, instead of the penitentiary or reformatory.

As held by this court in Hicks v. State, ante, 293, and Zeilinski v. State, ante, 700, such right exists, and such instruction should be given. On the authority of these cases, this judgment is reversed, with instructions to the lower court to grant a new trial.

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Bluebook (online)

50 N.E. 304, 150 Ind. 701, 1898 Ind. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnard-v-state-ind-1898.

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