184 Ind. 254 | Ind. | 1915
Lead Opinion
This is a prosecution by the State of Indiana against appellant who was indicted jointly with his son for murder in the first degree. The indictment is in three counts, each charging appellant and son with the crime of murder in the killing of one Hawkins. A separate trial was demanded and the State chose to try appellant first. This trial resulted in a conviction of voluntary manslaughter, and the punishment fixed at imprisonment in the State prison not less than two, nor more than twenty-one years.
We have carefully examined the. instructions eom
There being no reversible error presented by the record the judgment is affirmed.
Rehearing
On Petition for Rehearing.
The attorneys for appellant in their brief on the petition for a rehearing strenuously insist that the court erred in its original opinion in this case, in holding that there was no error committed by the trial court’s ruling on the admission of certain testimony, upon the reexamination of the • witness Higgs in relation to a conversation with one Picket. For the reason that appellant’s counsel have misconstrued the original opinion, and to prevent others from being led into the same error, we have undertaken to elucidate more fully what we undertook to state in our original opinion.
Note. — Reported in 108 N. E. 861; 111 N. E. 8. See, also, under (1) 3 C. J. 1410; 2 Cyc 1014; (2) 3 Cyc 348; (3) 3 Cyc 379; 38 Cyc 1518; (4) 12 Cyc 906, 909; (5) 40 Cyc 2526; (6) 3 Cyc 245; 12 Cyc 885, 886.