Wiggins v. State
This text of 133 N.E. 883 (Wiggins 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.
Opinion
The appellant was tried and convicted in the Marion Criminal Court upon a charge of contributing to the delinquency of certain named children. The cause was tried by the court, without a jury, and a sentence of fine and imprisonment imposed. There was a motion for a new trial which was overruled, also a motion in arrest of judgment which motion was also overruled and appellant excepted.
The only error assigned in this court is: "The court erred in overruling appellant’s motion in arrest of judgment.”
Upon oral argument of this case the attention of counsel for appellant having been called to the fact that his motion was made and the ruling thereon given after judgment and sentence had been pronounced, he frankly conceded that said motion was made too late; that it should have preceded the entry of judgment; and that therefore no question was presented for our decision in this appeal. Smith v. State (1895), 140 Ind. 343, 39 N. E. 1060.
The judgment of the Marion Criminal Court is therefore affirmed.
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Cite This Page — Counsel Stack
133 N.E. 883, 77 Ind. App. 473, 1922 Ind. App. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-state-indctapp-1922.