TaiLexi AI U.S. Case Law

Erganbright v. State

Erganbright v. State, 47 N.E. 464 (Ind. 1897)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
June 9, 1897
Docket
No. 18,161
Judges
Monks
Citations
47 N.E. 464148 Ind. 1801897 Ind. LEXIS 192
Disposition
Appeal dismissed.
Headnotes
Criminal Law. — Appeals.—Appeals in criminal cases can only be taken from final judgments.
Summary
From the Greene Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Monks

Text extracted by OCR from a scanned original; check the original for exact wording.

Monks, J.

Appellant was charged by indictment with the crime of embezzlement under the provisions of section 2031, Burns’ E. S. 1891 (Acts 1891, p. 395).

Appellant moved to quash each count of the indictment, which motion was overruled. Appellant filed a special plea in bar, to which appellee demurred for want of facts, which demurrer was sustained by the court. The cause was continued and is still pending in the court below.

This appeal is taken from the decision of the court below overruling.the motion to quash, and in sustaining the. demurrer to the plea in bar.

It is settled law that appeals in criminal cases can only be taken from final judgments. Farrel v. State, 7 Ind. 345 ; Miller v. State, 8 Ind. 325 ; Wingo v. State, 99 Ind. 313 : State v. Evansville, etc., R. R. Co., 107 Ind. 581 .

No final judgment having been rendered in said cause, this court has no jurisdiction of the appeal.

The appeal is dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1899: 11910: 11913: 11943: 11951: 11957: 118992026peak 1899 · 1

Relies on it most ⓘ

  1. Todd v. State101 N.E.2d 45 (Ind. 1951)
  2. Desho v. State145 N.E.2d 429 (Ind. 1957)
  3. Walther v. State101 N.E. 1005 (Ind. 1913)
  4. State v. Uptgraft54 N.E. 802 (Ind. 1899)
  5. Schaaf v. State49 N.E.2d 539 (Ind. 1943)
  6. Hensley v. State93 N.E. 211 (Ind. 1910)

Most recent

  1. Desho v. State145 N.E.2d 429 (Ind. 1957)
  2. Todd v. State101 N.E.2d 45 (Ind. 1951)
  3. Schaaf v. State49 N.E.2d 539 (Ind. 1943)
  4. Walther v. State101 N.E. 1005 (Ind. 1913)
  5. Hensley v. State93 N.E. 211 (Ind. 1910)
  6. State v. Uptgraft54 N.E. 802 (Ind. 1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Miller v. State, 8 Ind. 325 (1856) 14
Baker v. Wambaugh, 99 Ind. 312 (1884) 13
State v. Evansville & Terre Haute R.R., 8 N.E. 619 (Ind. 1886) 10
Farrel v. State, 7 Ind. 345 (1855) 7

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list