State v. Thomas

Indiana Supreme Court

State v. Thomas

29 Ind. 109

DecidedNovember 15, 1867

StatusPublished

This text of 29 Ind. 109 (State v. Thomas) 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

State v. Thomas, 29 Ind. 109 (Ind. 1867).

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Opinion

Elliott, J.

Thomas was prosecuted and convicted before a justice of the peace, for a simple assault. He appealed to [110]*110the Court of Common Pleas, where the cause was dismissed and the defendant discharged. The record contains- no bill of .exceptions,, nor does it appear therein for what reason the cause was dismissed; for aught that appears, it may have been for the want of prosecution. The case is brought here by the State. No case is made by the record authorizing an appeal by the State, under the statute. 2 G. & ÍL, § 150, p. 425.

D. E. Williamson, Attorney General, for the State.

The appeal is dismissed, for the want of jurisdiction.

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Elliott, J.

Thomas was prosecuted and convicted before a justice of the peace, for a simple assault. He appealed to [110]*110the Court of Common Pleas, where the cause was dismissed and the defendant discharged. The record contains- no bill of .exceptions,, nor does it appear therein for what reason the cause was dismissed; for aught that appears, it may have been for the want of prosecution. The case is brought here by the State. No case is made by the record authorizing an appeal by the State, under the statute. 2 G. & ÍL, § 150, p. 425.

D. E. Williamson, Attorney General, for the State.

The appeal is dismissed, for the want of jurisdiction.

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Bluebook (online)

29 Ind. 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-ind-1867.