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149 Ind. 708

Gott v. State

Indiana Supreme Court

Decided March 9, 1898

Indiana Supreme Court · decided 1898-03-09

<p>From the Sullivan Circuit Court.</p>

Cited by 1 later decisions — most recently November 1961

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1898-03-09

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McCabe, J.

¶1The appellant was indicted for an assault and battery with intent to commit a rape. On a trial of the charge, on April 6, 1897, the jury found him guilty as charged, and that his age was twenty years. The circuit court rendered judgment on the verdict, over appellant’s motion for a venire de novo and for a new trial.

¶2The judgment was as follows : “It is therefore considered, ordered and adjudged by the court that the defendant is guilty as charged in the indictment, and that he be confined in the custody of the board of managers of the Indiana Reformatory at Jeffersonville, Indiana, as guilty of the crime of assault and battery with intent to commit a rape upon a woman, for a term not exceeding fourteen years, nor less than two years, subject to the rules and regulations established by the board of managers of said reformatory. It is further considered, ordered and adjudged by the court that the defendant’s true 0 age is now twenty years.” This verdict and judgment rest on the - Reformatory Act, and for their validity depend upon the constitutionality of that act. The identical objections to its constitutionality are urged here as those urged in the case of Miller v. State, ante, 607. On the authority of that case we hold that such objections cannot prevail, and that the act is not unconstitutional.

¶3That being the' only question presented, the judgment is affirmed.

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