Dinsmore v. Kreighbaum
Dinsmore v. Kreighbaum.
Opinion of the Court
Nichols, C. J.
Action for seduction by appellant against appellee. There was a trial by jury and a verdict against appellant, on which judgment was rendered, from which this appeal. The error assigned is the action of the court in overruling appellant’s motion for a new trial, under which appellant presents that there was error in giving instruction No. 9 tendered by appellee. This instruction calls special attention to appellant as a witness, and to parts of her evidence.in such a way as that she may have been discredited and prejudiced thereby. Appellant has fully briefed the question *169 and makes, in the opinion of this court, a prima facie showing that reversible error was committed. Appellee has failed to file any brief and the court, in its discretion, will treat such failure to file a brief, thereby attempting to aid the court in learning whether or not reversible error in fact was committed, as a confession of error.
Pittsburgh, etc., R. Co.
v. Linder (1925), 195 Ind. 569 , 145 N. E. 885 ;
Goldberg v. Hauer (1924), 81 Ind. App. 23 , 142 N. E. 125 .
Judgment reversed.
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