(Download) "Buchta v. State Indiana" by 159 Supreme Court of Indiana No. 29 # eBook PDF Kindle ePub Free
eBook details
- Title: Buchta v. State Indiana
- Author : 159 Supreme Court of Indiana No. 29
- Release Date : January 29, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is an appeal from a judgment on a verdict finding the appellant guilty of the second offense of operating a motor vehicle
while under the influence of intoxicating liquor, for which he was fined $10.00 and ordered imprisoned in the Indiana State
Prison for a term not less than one nor more than three years, under § 47-2001(b), Burns' 1952 Replacement. The
error assigned here is the overruling of appellant's motion for a new trial. The amended affidavit charged a prior conviction October 4, 1950, in the Martin Circuit Court, and that on December 31, 1952,
in Warrick County on public highway No. 62 one mile west of Boonville, appellant operated an automobile while under the influence
of intoxicating liquor. It is not necessary to set out the amended affidavit in full nor the verdict, and there was no error
in overruling appellant's motion in arrest of judgment. There was no want of jurisdiction of the person or the subject matter,
and the amended affidavit was sufficient to charge the offense under the statute, supra ; therefore, it was properly overruled.
Ewbank, Indiana Criminal Law (2nd Ed.), § 706, p. 526, and authorities therein cited.