O'Banion v. State
O'Banion v. State
Opinion of the Court
The plaintiffs in error were tried and convicted for breaking and entering an unoccupied dwelling house of R. H. Gore with the intent to commit a misdemeanor. They were each sentenced to a term in the State penitentiary and seek to be relieved of that judgment on writ of error.
Five questions are urged for -reversal. They challenge the sufficiency of the indictment, the authority of the State Attorney to sign it; they contend tha* they are immune *641 from prosecution because they appeared and testified before the grand jury about the crime for which they were convicted and last, they challenge the sufficiency of the verdict including the sufficiency of the evidence to sustain the conviction.
We have examined all these questions and find them to be without substantial merit. We have written at length on them in other cases and do not see that an opinion here would serve any useful purpose. The judgment below is therefore affirmed.
Affirmed.
Reference
- Full Case Name
- John William O'banion, Eddie R. Uibel and T.C. Johnson v. State.
- Status
- Published