184 Ind. 72 | Ind. | 1915
On February 11, 1915, an affidavit was filed in the Lake Superior Court charg
The evidence shows, without contradiction, that on the night of February 10-11, at about 1:30 a. m., appellant was arrested at his residence and taken to the Hammond city jail by George T. Hanlon, police captain, and Joe Smith, a policeman, “accompanied by some of the Erie men and some C. & O. men;” that when arraigned the communication between court and prisoner was through said policeman, Joe Smith, acting as interpreter; that appellant is an Austrian, and speaks the. Russian language, and has but slight knowledge of English; that Smith speaks and understands both languages. Peter Austgen, chief of police, of Hammond, was called as a witness by the State. He testified among other things, that early in the morning of February 11, before the filing of the affidavit, he went to the cell where the defendants were confined, and, through the bars, talked to “the whole bunch,” without any interpreter. He said, “I asked them what they intended to do, and they told me .they would all go up to the court and tell the truth. I don’t know which one of them told me. * * * I says ‘why did you go out there and steal that stuff?’ I says, ‘did you go out there and steal because you had nothing to eat?’ ‘Yes,’ they says. I says, ‘well, you want to tell the court that also.’ ” He further testified that he asked them whether they wanted a lawyer, “and they said they had no money;” that he did not ask them where their friends and relatives were. The following question was asked the witness, and the following answer
Joe Smith, the policeman, also testified for the State, on the hearing of this petition. He says that when the defendants were arrested, some of them spoke English; that witness talked to appellant .and Ohm in Russian, and at the same time the police captain talked to them “in American;” that when appellant was arraigned, witness acted as interpreter and conversed with appellant in the Russian language; that he asked appellant if “he was guilty in this case — he was after the meat down there at Griffith, and he said that he was.” Witness further testified that while he asked appellant 'and O-lim, in Russian, if they “plead guilty,” that he did not inform the court that they “plead guilty.” Andy Olim testified that he was in the vicinity where the meat was stolen, getting some wood and had nothing to do with taking the property; that he told the interpreter to tell the court that he “was
The appellant says he did not comprehend, when arraigned, the nature or effect of the plea. The evidence of what occurred before and at the arraignment does not refute the truth c* the statement.
Note. — Reported in 110 N. E. 551. As to res judicata in criminal proceedings, see 103 Am. St. 20. On a plea of guilty under intimidation see 34 L. R. A. (N. S.) 257. See, also, under (1) 12 Cyc 888; (3) 12 Cyc 351, 352; (4) 16 Cyc 883.