191 Ind. 350 | Ind. | 1921
This was a prosecution for criminal trespass, as defined by §2280 Burns 1914, Acts 1905 p. 584. From a verdict of guilty by the jury defendant appeals.
The real estate involved in this prosecution consisted of a platted lot upon which was a dwelling house, all of which had been rented to one who, together with his wife, occupied the same. This tenant died in the'month of August and his widow continued as the occupant of the leased premises. She paid the rent after her husband’s death for the months of August and September, and became the tenant of the owner thereof for said time. In the early part of September she took into the •dwelling house with her, the appellant and his family and received rent from him for such occupancy. The owner of the property knew that the defendant and his family were living in the house with its tenant, and that the appellant was paying its tenant for such occupancy. The real tenant moved out of the dwelling house at the end of September and notified the owner that it would
The only error assigned is the overruling of the motion for a new trial. Of the twenty-seven errors alleged in the motion, only three are pointed to in appellant’s brief, the first of which is the only one considered necessary for a determination of this appeal, and which is: The verdict of the jury is contrary to law.
The judgment is reversed and the cause remanded with directions to grant a new trial, and for further proceedings in accord with this opinion.