179 Ind. 240 | Ind. | 1913
This was a prosecution by the State of Indiana against John Campbell, filed in the city court of Indianapolis on the 7th day of June, 1912, where a judgment
The assignment of errors in this court presents but one question, and this is, that the court erred in overruling appellant’s motion for a new trial. The motion for a new trial contains four reasons, as follows: (1) That the verdict of the jury is not sustained by sufficient evidence. (2) That the verdict of the jury is contrary to law. (3) Error of law occurring at the trial in this, to wit: that the court erred in giving of its own motion instruction No. 7. (4) Error of law occurring at the trial in this, to wit: that the court erred in giving of its own motion instruction No. 8.
While no question is presented by the record on the first and second causes for a new trial, we have read the entire ■record in this cause, including the evidence, and are convinced that the finding of the jury is fully warranted by the evidence. Without expressing any opinion as to whether instructions Nos. 7 and 8 properly state the law (for in the condition the record is presented here, we are not required to pass upon the instructions), we are of the opinion that the trial was a fair one and that the appellant has no grounds of complaint, and that a just conclusion has been reached by the trial court.
Judgment is affirmed.
Note.—Reported In 100 N. E. 755. See, also, under (1) 12 Cyc. 886; (3) 12 Cyc. 849; (4) 12 Cyc. 844. As to waiver of right of appeal, see 13 Am. Dec. 546. As to writs of error, their scope and effect, see 91 Am. Dec. 193.