Parker v. State
This text of 20 N.E. 833 (Parker 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.
Opinion
The charging part of the affidavit on which the appellant was tried and convicted reads thus: “ That the defendant, John W. Parker, at said county of La-Grange, in the State of Indiana, did, in a rude, insolent, .angry and unlawful manner, touch, beat and strike him, the said George W. Wright.” We perceive no substantial defect in this affidavit. The word “ unlawful ” is not in its ■usual and appropriate position, but, as it is in the affidavit, the fact that it is not in the position usually assigned it does ■not vitiate the pleading.
Appellant’s counsel are in error in assuming that the affidavit fails to show that the touching and striking were unlawful.
Judgment affirmed.
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Cite This Page — Counsel Stack
20 N.E. 833, 118 Ind. 328, 1889 Ind. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-ind-1889.