Lytle v. State

Indiana Supreme Court
Lytle v. State, 189 Ind. 690 (Ind. 1920)
128 N.E. 836; 1920 Ind. LEXIS 74
Myers

Lytle v. State

Opinion of the Court

Myers, J.

Appellant was tried by the' court and convicted upon an affidavit charging him with a violatioii of Acts’ 1917 p. 15, §8356a et setf; ’Burns ’ Siipp. 1918, known ás the Prohibition Law. He was sentenced’to pay a fine of $100, and" to imprisonment at the Indiana State Farm for a period of thirty days. His motion for a new trial was overruled, and this ruling is ássignéd as error.

The causes for which a new trial waS prayed are: “ (1) That the judgment of the courtis éoíitráry to law. (2) That the judgment of "the court is contrary to the evidence. (3) That the judgment of-the court *691is nótj’sustained !by sufficient,-evidence.’’ By1 these alleged -causes,, we infer that .’áppeílgrit is seeking^íhe benefit of sübd.- 9, §2158 Burns 1914, .Acts 1905/p,r.584, §282,. which provides that á :new' trial shall be' granted “when the verdict qf the jury or the'finding'qf,the Court is-¡contrarydo law, or is'.not sustained by sufficient evidence.” ‘ ‘ .......- '

It will be noticed that neither of the cáuses assigned for • a new- trial challenge the finding of the court. They are 'directed-against ■ the'judgment,'to-’which there wkA objection or'exception to its form'-or, substance.-. -Under these assignments appellant; insists that there Was no-evidence to warrant -a conviction., However this may be this insistence is in support of causes not grounds for a new trial in a criminal case. Lindsey v. State (1882), 82 Ind. 7, 10; Hall v. McDonald (1908); 171 Ind. 9, 18, 85, N. E. 707; Indianapolis Elec. Supply Co. v. Trapschuh (1916), 63 Ind. App. 120, 114 N. E. 99; DeTarr v. State (1906), 37 Ind. App. 323, 76 N. E. 987.

No error is presepted. and the judgment is affirmed.

Reference

Full Case Name
Lytle v. State of Indiana
Cited By
4 cases
Status
Published