Indiana Supreme Court, 1910

Hensley v. State

Indiana Supreme Court · Decided December 15, 1910 · Monks

175 Ind. 16; 93 N.E. 211; 1910 Ind. LEXIS 4

Cases that cite this one

2 later published cases cite this decision.

Walther v. State (Ind. 1913)
Schaaf v. State (Ind. 1943)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Monks, J.

This is an appeal from the decision of the court below in overruling an application to discharge appellant under the provisions of §§2090, 2092 Burns 1908, Acts 1905 p. 584, §§219, 221. The ground alleged for the discharge was that “ he had been detained in prison without a trial, to answer an indictment [for murder in the first degree], continuously for a continuous period of more than two terms of court after his arrest.”

It is settled law in this State that appeals in criminal cases can only be taken from final judgments. Erganbright v. State (1897), 148 Ind. 180, and cases cited. The action of *17the court in overruling the motion to discharge was not a final judgment. As no final judgment has been rendered in said cause, this court has no jurisdiction of this appeal.

The appeal is therefore dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.