Bogue v. State

Indiana Supreme Court

Bogue v. State

113 N.E. 753, 185 Ind. 243, 1916 Ind. LEXIS 43

CourtIndiana Supreme Court

DecidedOctober 13, 1916

DocketNo. 23,019

StatusPublished

Cited by3 cases

This text of 113 N.E. 753 (Bogue 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

Bogue v. State, 113 N.E. 753, 185 Ind. 243, 1916 Ind. LEXIS 43 (Ind. 1916).

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Opinion

Lairy, J.

1. 2. — Appellant was convicted of the crime of arson. The Attorney-General filed a verified motion to dismiss, in which he shows that appellant has accepted a parole by the Governor of the State since taking his appeal to this court. It is a well-settled .rule of law that a court will not pass on a moot question. Such this has become by the action of the appellant in accepting the parole. Manlove v. State (1899), 153 Ind. 80, 53 N. E. 385. It is equally well settled that an appeal will not be entertained simply .to determine costs. Manlove v. State, supra; Monger v. Pavey (1912), 178 Ind. 666, 98 N. E. 625, and cases cited. The appeal is therefore dismissed.

Note. — Reported in 113 N. E. 753. See also 12 Cye 797.

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Lairy, J.

1. 2. — Appellant was convicted of the crime of arson. The Attorney-General filed a verified motion to dismiss, in which he shows that appellant has accepted a parole by the Governor of the State since taking his appeal to this court. It is a well-settled .rule of law that a court will not pass on a moot question. Such this has become by the action of the appellant in accepting the parole. Manlove v. State (1899), 153 Ind. 80, 53 N. E. 385. It is equally well settled that an appeal will not be entertained simply .to determine costs. Manlove v. State, supra; Monger v. Pavey (1912), 178 Ind. 666, 98 N. E. 625, and cases cited. The appeal is therefore dismissed.

Note. — Reported in 113 N. E. 753. See also 12 Cye 797.

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Bluebook (online)

113 N.E. 753, 185 Ind. 243, 1916 Ind. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogue-v-state-ind-1916.

Opinion

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