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Heier v. State

Heier v. State of Indiana

Heier v. State, 122 N.E. 578 (Ind. 1919)
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Court
Indiana Supreme Court · State Highest Courts
Decided
March 25, 1919
Docket
No. 23,438
Judges
Townsend
Citations
122 N.E. 578188 Ind. 1721919 Ind. LEXIS 33
Disposition
Affirmed.
Headnotes
Criminal Law. — Sentence.—Place of Imprisonment.- — Objection. —A defendant, convicted of violating the “Blind Tiger” Act, should have presented the alleged error that he was sentenced to the county jail instead of the penal farm by a motion to modify the judgment and not by a motion for new trial.
Summary
From Marion Criminal Court (48,042); James A. Collins, Judge. Prosecution by the State of Indiana against Fred Heier. From a judgment of conviction, the defendant appeals.

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

Opinion of the Court — Townsend

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Townsend, J.

— Appellant was convicted of a violation of what is commonly known as the “Blind Tiger” Law and sentenced to pay a fine of $100 and imprisoned in the county jail for thirty days.

It is his contention that he should have been sentenced *173 to the penal farm. He attempts to present this question by a motion for a new trial.

An objection to place of imprisonment should have been presented by a motion to modify the judgment. Hunt v. State (1917), 186 Ind. 644 , 117 N. E. 856 .

Judgment affirmed.

Note. — Reported in 122 N. E. 578 . See 97 Am. St. 371, 16 C. J. 1314.

How later courts describe this case

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

1919: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. Solimeto v. State122 N.E. 578 (Ind. 1919)

Most recent

  1. Solimeto v. State122 N.E. 578 (Ind. 1919)

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 2

DepthCaseCited by
Hunt v. State, 117 N.E. 856 (Ind. 1917) 13
Solimeto v. State, 122 N.E. 578 (Ind. 1919) 22

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