Hensley v. State

Indiana Supreme Court

Hensley v. State

93 N.E. 211, 175 Ind. 16, 1910 Ind. LEXIS 4

CourtIndiana Supreme Court

DecidedDecember 15, 1910

DocketNo. 21,738

StatusPublished

Cited by2 cases

This text of 93 N.E. 211 (Hensley 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

Hensley v. State, 93 N.E. 211, 175 Ind. 16, 1910 Ind. LEXIS 4 (Ind. 1910).

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Opinion

Monks, J.

This is an appeal from the decision of the court below in overruling an application to discharge appellant under the provisions of §§2090, 2092 Burns 1908, Acts 1905 p. 584, §§219, 221. The ground alleged for the discharge was that “ he had been detained in prison without a trial, to answer an indictment [for murder in the first degree], continuously for a continuous period of more than two terms of court after his arrest.”

It is settled law in this State that appeals in criminal cases can only be taken from final judgments. Erganbright v. State (1897), 148 Ind. 180, and cases cited. The action of [17]*17the court in overruling the motion to discharge was not a final judgment. As no final judgment has been rendered in said cause, this court has no jurisdiction of this appeal.

The appeal is therefore dismissed.

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Monks, J.

This is an appeal from the decision of the court below in overruling an application to discharge appellant under the provisions of §§2090, 2092 Burns 1908, Acts 1905 p. 584, §§219, 221. The ground alleged for the discharge was that “ he had been detained in prison without a trial, to answer an indictment [for murder in the first degree], continuously for a continuous period of more than two terms of court after his arrest.”

It is settled law in this State that appeals in criminal cases can only be taken from final judgments. Erganbright v. State (1897), 148 Ind. 180, and cases cited. The action of [17]*17the court in overruling the motion to discharge was not a final judgment. As no final judgment has been rendered in said cause, this court has no jurisdiction of this appeal.

The appeal is therefore dismissed.

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Bluebook (online)

93 N.E. 211, 175 Ind. 16, 1910 Ind. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensley-v-state-ind-1910.

Opinion

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