The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-19

followed, we think he would be
guilty of murder"
Continuing, the court held: ITO
say that there was no casual con-
nection between the acts of the
appellant and the death of Madge
Oberholtzer would be a travesty on
justice. The whole criminal pro-
gram was so closely connected that
it should be treated as one tranSac-
ton"
Judge Martin in his opinion states
that he does not believe the phrase
distracted with pain and shame"
in the indictment, was sufficient to
charge that Miss Oberholtzer was
unbalanced mentally, and that
there was mo evidence to indicate
that at any time the mind of the
deceased was not clear"
at appears very clearly from her
dying declaration" said the judge,
that she committed suicide be-
cause of shame, humiliation or re-
morse" She expressly stated that
she decided to take her life in order
to save her mother from disgrace.
She also said she wanted to kill her
self in Stephenson's presence.
CompuISion Is Denied
Pointing out that after Miss
Oberholtzer went alone into two
stores in Hammond, she returned
to Stephenson's rooms at the hotel
and took the poison withut Ste
phenson's knowledge, Judge Martin
said:
"She was not under any restraint
or compulsion by Stephenson which
would cause her to act to be con-
sidered in law as Stephenson's act.
where, upon elaboration, one
commits suicide, because of shame,
humiliation or remorse, the one
who caused such mental state-al-
though he may be morally respon-
sible for the death in the sight of
Gods not guilty of murder under
the law, unless he in some way
procured, advised, compelled, assist
ed or exercised control over the
person performing the act"
Finds Fault With Verdict
The Martin opinion also points
out that the jury acquitted Steph-
enson on three counts of the in
dictment, which were those charg
ing murder by criminal assault, an
other by administering poison or
causing the same to be administered
through fear, duress or compulsion,
and the one charging murder by
withholding medical assistance.
The count on which he was con-
victed charged the killing of a hui
man being during the preparation
of a felony, namely criminal as
Sault."
He considers and rejects the
theory that the taking of the poison
by Miss Oberholtzer was a natural
consequence Of Stephenson's assault
which he was bound to contemplate,
anticipate and be responsible for.
TreanOr Cites ERROR
Judge Treanor in his separate
opinion states that he believes count
one of the indictment can be con-
sidered sufficient to charge that
Miss Oberholtzer was in state
of mental responsibility when she
procured and took the poison" but
says: ..
Il do not think that the trial
was conducted on the theory that
these words, a distracted with pain
and shame, imported the fact Of
mental responsibility"
Treanor holds that this con-
struction of count one enables us
to say there was no error in over
ruling the motion to quash, it elm
mates from the charge of murder
in an attempt to rape, all Of those
allegations respecting the with
holding of aid, and forces the con-
clusion that the trial court erred
in overruling the motion to strike
out that part of count one which
contains the allegation of failure
to furnish aid during the return
trip"
Reviews Hammond Trip
He says that despite the states
insistence that the whole trip
from indianapolis to Hammond and
return forms a part of the entire
action relating to attempted rape,
we can not ignore the plain fact
that there was no attempt to COM
NIT an attack after the parties reg
istered at the hotel in Hammond, :"
and that since the alleged acts of