(Download) "Mcclanahan v. State Indiana" by 138 Supreme Court of Indiana No. 29 # eBook PDF Kindle ePub Free
eBook details
- Title: Mcclanahan v. State Indiana
- Author : 138 Supreme Court of Indiana No. 29
- Release Date : January 14, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an appeal from a judgment for the State, entered on the refusal of the appellant to amend his petition for writ of
error coram nobis after a demurrer by the State had been sustained. An appeal had been taken from the judgment on the verdict
finding appellant guilty of the second offense of operating a motor vehicle while under the influence of intoxicating liquor,
and in McClanahan v. State (1953), 232 Ind. 567, 112 N.E.2d 575, we affirmed the judgment. The verified petition for the writ charged in substance that while the jury was deliberating on the verdict the foreman left
the jury room at the request of the jury, obtained from the bailiff in charge of the jury a book containing the statute pertaining
to the charge upon which appellant was being tried, which the foreman took into the jury room and read to the members of the
jury; that thereafter the jury had a disagreement about the age of the appellant, and the foreman again left the jury room
and talked to the bailiff about appellant's age, and thereafter he returned to the jury room and inserted in the verdict the
figure "48" as his age. The petition did not charge that the foreman left the court room or the offices of the court, or the
custody of the bailiff, and from all that appears in the petition the foreman could have been just outside the jury room
door when he was conversing with the bailiff. See Masterson v. State (1896), 144 Ind. 240, 249, 43 N.E. 138. The finding as
to the defendant's age was not an indispensable part of the verdict. Colip v. State (1899), 153 Ind. 584, 589, 590, 55 N.E.
739.