The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-01
THE RECORD OF THE COURTS.
Supreme Court.

supreme Court.
Hon. W. e. NibIack, Chief-justice.
The following decisions were rendered Dec. 81:
1926 John Anderson VS. The State. Noble
G. c. Affirmed Niblack, G. I'LL Prosecu-
ton for rape The defendant had an election as
to the ground upon which he would rest his de-
Tense, but having gone on the stand and admit
ted the material averments of the Indictment
except the felonous and forclble character of
the intercourse he is thereby committed to
single theory. r. The nature and extent OF
resistance by the proseeutrix, which ought rea-
sonably to be expected in each particular case.
must necessarily depend very much upon the
peculiar circumstances attending it, and, hence,
it is mpracticable to lay down any rule applicable
to all cases involving the necessity of showing
reasonable resistance. 49, Mere breach of pro-
fessional decorum will not authorize a reversal.
a. The instructions reviewed and are such
as have been often approved.
1879 George Stilz vs. The State. Jasper
G. G. Reversed. Elliott J.-Indictment for
arson charging that defendant burned the build
ing to defraud an insurance company. 1) A
claim made by defendant for the property de-
stroyed. and evidence that the value placed by
defendant upon his property was too great, was
admissible as tending to show motive to COM
NIT the crime; but not to impeach the character
of the witness Motive is but circumstance,
and it is always proper to explain the act which
is adduced as evidence of a wicked
motive, an instruction that ii
generalization Of property was the result of an
~
was not necessarily evidence of a wicked motive
or criminal intent, was proper. ~ There can
be no conviction of crime unless all the jurors
are satisfied, beyond a reasonable doubt, of the
guilt of the accused, and an instruction inform
ing the jury that such reasonable doubt, unless
entertained by all the jurors, does not warrant
acquttal, is error sufficient to reverse, unless
the evidence satisfactorily shows guilt
1929 L., N. A. & c. Railway Company vs..
Elijah Grantham. Clay q. G. Affirmed. Howk,
J.-Where supersedeas brief Is fled, as pro-
vided in rule sixteen of this court, pointing out
the errors on which the party relies, and also
discusses the questions arising under such err
rors, he is entitled to have such questions, if
properly saved by the record. decided.
1870. William FL. johnson VS.. Madison G.
collars, Under Section 633, ct seq,
appeals to this court must be taken
within year from the rendition of
judgment When notices are served and
transcript filed twenty seven days after the year
had expired there is no appeal within the mean
ing of the statute. Rule % of this court pro-
viding that where an appeal is taken after the
term by notices. provided in Section $40, the
transcript must be filed within sixty days from
the time Of service or the appeal will be re-
garded as abandoned is to be regarded q
limitation rather than an extension of time for
appealing.
1l548 John S. Day VS.. Charles Henry. Craw-
ford G. c. Affirmed. Mitchell, J.-Where the
record shows that a complaint filed before a
justice shows a cause of action within the juris-
diction of the court. and that the defendant APP
peared without pleading to the jurisdiction of
questions relating to the service of the summons
or Jurisdiction Whether there was jurisdiction
or not could not be raised by motion to dismiss.
11174. Catherine j. Walker administrative,
vs. Moses Heller ct al. Hancock G. c. Rehear-
ing denied