168 Ind. 87 | Ind. | 1907
About 8 o’clock p. m. of Sunday, September 30, 1906, Edward J. Petticord, a police officer of the city of Indianapolis, was mortally wounded by a pistol shot. Appellant was indicted for the offense, tried, and found guilty of murder in the first degree, and sentenced to suffer death. He appeals.
One assignment is based on the overruling of his motion for a new trial, and the other upon the overruling of his motion in arrest of judgment.
It appears from the record that in the afternoon of Sunday, September 30, 1906, the defendant and Jesse Coe were, with others, congregated on the corner of Northwestern avenue and Twenty-fourth street, in the city of Indianapolis. Pat Roache, a police officer of the city, approaching the company, commanded them to disperse, whereupon the defendant and Coe, walking side by side, moved off in the direction of the officer, with their hands in
(2) Referring further to the same circumstance, and to the moment when the defendant and Coe started towards the policemen,' the State asked the following question: “Did you notice the positions of their hands at the time they started ?” The defendant objected to the question for
“35,771.
State of Indiana
v. Murder.”
George Williams.
Then follows the indictment in full, and then the indorsements showing the number and title of the cause, as above. Then follows this indorsement:
“Record book 33, page 421, Indictment for murder.
A true bill. Thomas D. Amos, foreman.”
This is followed by the names of the witnesses, and signed: “Charles P. Benedict, prosecuting’ attorney.”
This record, reciting the presentment, return into open court, filing and recording of the indictment, aided by the presumptions that operate in favor of the regularity of the proceedings, must be held sufficient, especially when the defendant is unable to show, or at least does.not attempt to show, that he was in any way prejudiced thereby in his substantia] rights. We have considered all the questions presented, and find no error in the record.
Judgment affirmed.