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Kallas v. State Indiana

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eBook details

  • Title: Kallas v. State Indiana
  • Author : Supreme Court Of Indiana
  • Release Date : January 04, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

On the 12th day of September, 1947, the grand jury of Lake County returned an indictment against Thomas Kallas, charging him with the first degree murder of George Stocks on the 3rd day of September, 1947, by cutting and stabbing him to death. The appellant was represented by competent counsel before the arraignment, during all the proceedings in the trial court and on this appeal. On February 10, 1948, which was within the statutory time for filing a motion for new trial, the appellant filed a motion for new trial, and at the same time requested the court for additional time to file an amended motion for new trial "after the completion of the transcript of the evidence in this case by the court reporter." Thereupon the trial court granted the defendant an additional sixty days in which to file an amended motion for new trial. Thereafter on April 19, 1948, appellant filed an additional motion for new trial specifically assigning certain errors occurring at the time of the voir dire examination of the jury and on the trial of the case. On May 26, 1948, after argument by counsel, the trial court overruled appellants amended motion for a new trial. The original transcript did not show the court ever made any ruling upon the original motion for a new trial filed February 10, 1948, and the state filed a motion to dismiss this appeal for the reason the same was not perfected "within 90 days from the date of the judgment or the ruling


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