State v. Dillon
This text of 37 N.E. 25 (State v. Dillon) 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.
Opinion
The appellee was indicted, tried, and acquitted for obstructing a highway.
The State appeals under section 1915, R. S. 1894.
The questions attempted to be presented arise upon instructions given and refused. The evidence is not in the record, nor is there any statement in the bill of exceptions showing whether or not the instructions were applicable or relevant to the evidence.
If, under any supposable case, the ruling might have been proper, no error can be predicated thereon. We have examined the instructions, and can not say that, under the rule stated, any error was committed. For [555]*555aught that appears, there may not have been a syllable of testimony warranting a conviction. See State v. Kern, 127 Ind. 465.
Judgment affirmed.
Gavin, J., did not participate in this decision.
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Cite This Page — Counsel Stack
37 N.E. 25, 9 Ind. App. 554, 1894 Ind. App. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillon-indctapp-1894.