Manhattan Oil Co. v. State

Indiana Court of Appeals

Manhattan Oil Co. v. State

60 N.E. 732, 26 Ind. App. 693, 1901 Ind. App. LEXIS 333

CourtIndiana Court of Appeals

DecidedMay 28, 1901

DocketNo. 3,386

StatusPublished

Cited by1 cases

This text of 60 N.E. 732 (Manhattan Oil Co. v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manhattan Oil Co. v. State, 60 N.E. 732, 26 Ind. App. 693, 1901 Ind. App. LEXIS 333 (Ind. Ct. App. 1901).

Pincite

Opinion

Robinson, J.

Appellant was tried and convicted for obstructing a highway. Overruling a motion for a new trial is the only error assigned. The record fails to disclose affirmatively that appellant was arraigned or that a plea to the affidavit and information was entered either by or for appellant. It is held that this question is presented by an assignment as a cause for a new trial that the verdict is contrary to law. Bowen v. State, 108 Ind. 411. As the record [694]*694does' not show an arraignment, or that appellant waived it, nor that a plea was entered by or for appellant, nnder the rule declared by the Supreme Court the judgment must be reversed. Hicks v. State, 111 Ind. 402; Weir v. State, 115 Ind. 210; Billings v. State, 107 Ind. 54; McJunkins v. State, 10 Ind. 140; Shoffner v. State, 93 Ind. 519; Miller v. State (Ind. App.) 59 N. E. 287.

Judgment reversed.

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Robinson, J.

Appellant was tried and convicted for obstructing a highway. Overruling a motion for a new trial is the only error assigned. The record fails to disclose affirmatively that appellant was arraigned or that a plea to the affidavit and information was entered either by or for appellant. It is held that this question is presented by an assignment as a cause for a new trial that the verdict is contrary to law. Bowen v. State, 108 Ind. 411. As the record [694]*694does' not show an arraignment, or that appellant waived it, nor that a plea was entered by or for appellant, nnder the rule declared by the Supreme Court the judgment must be reversed. Hicks v. State, 111 Ind. 402; Weir v. State, 115 Ind. 210; Billings v. State, 107 Ind. 54; McJunkins v. State, 10 Ind. 140; Shoffner v. State, 93 Ind. 519; Miller v. State (Ind. App.) 59 N. E. 287.

Judgment reversed.

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Bluebook (online)

60 N.E. 732, 26 Ind. App. 693, 1901 Ind. App. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manhattan-oil-co-v-state-indctapp-1901.

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