189 Ind. 690

Lytle v. State of Indiana.

[No. 23,798.

Filed December 3, 1920.]

Criminal Law. — Appeal.—Grounds for New Trial — Review.—In a criminal prosecution tried by the court, a motion for new trial ’for insufficiency of the’ evidence-must attack' tbe finding of the court;-and a mdtion charging merely- that the-Judgment of the ppurt was contrary to law and not sustained by sufficient evidence presents no question for review.

From Marion Criminal Court (50,525); James A. Collins, Judge,- . ;

Prosecution by the State of Indiana against Phil Lytle. From a judgment of conviction, the defendant appeals.

Affirmed.

William E. Henderson, for appellant.

Ele Stansbury, Attorney-General, and Remster A. Bingham for the state.

Myers, J.

Appellant was tried by the' court and convicted upon an affidavit charging him with a violatioii of Acts’ 1917 p. 15, §8356a et setf; ’Burns ’ Siipp. 1918, known ás the Prohibition Law. He was sentenced’to pay a fine of $100, and" to imprisonment at the Indiana State Farm for a period of thirty days. His motion for a new trial was overruled, and this ruling is ássignéd as error.

The causes for which a new trial waS prayed are: “ (1) That the judgment of the courtis éoíitráry to law. (2) That the judgment of "the court is contrary to the evidence. (3) That the judgment of-the court *691is nótj’sustained !by sufficient,-evidence.’’ By1 these alleged -causes,, we infer that .’áppeílgrit is seeking^íhe benefit of sübd.- 9, §2158 Burns 1914, .Acts 1905/p,r.584, §282,. which provides that á :new' trial shall be' granted “when the verdict qf the jury or the'finding'qf,the Court is-¡contrarydo law, or is'.not sustained by sufficient evidence.” ‘ ‘ .......- '

It will be noticed that neither of the cáuses assigned for • a new- trial challenge the finding of the court. They are 'directed-against the'judgment,'to-’which there wkA objection or'exception to its form'-or, substance.-. -Under these assignments appellant; insists that there Was no-evidence to warrant -a conviction., However this may be this insistence is in support of causes not grounds for a new trial in a criminal case. Lindsey v. State (1882), 82 Ind. 7, 10; Hall v. McDonald (1908); 171 Ind. 9, 18, 85, N. E. 707; Indianapolis Elec. Supply Co. v. Trapschuh (1916), 63 Ind. App. 120, 114 N. E. 99; DeTarr v. State (1906), 37 Ind. App. 323, 76 N. E. 987.

No error is presepted. and the judgment is affirmed.

Lytle v. State
189 Ind. 690

Case Details

Name
Lytle v. State
Decision Date
Dec 3, 1920
Citations

189 Ind. 690

Jurisdiction
Indiana

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