Kreigh v. State

Decided December 13, 1861

Indiana Supreme Court · decided 1861-12-13

<p>An information for a felony, in the Court of Common Pleas, must show that the defendant is in custody on a charge of the felony for which the information is filed, and must negative the finding of an indictment against him.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1861-12-13

How this case has been cited

Cited by 23 later decisions (1 by the Supreme Court) — most recently February 1982

22 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1Information against the defendant, the appellant here, for a rape. Trial; conviction and judgment.

¶2The information is radically defective, in not showing that the Court below had jurisdiction of the offense.

¶3It alleges that the defendant was in custody, but does not show that he was in custody on a charge of the felony for which the information was filed, nor does it negative the finding of an indictment against him. The case is settled by-that of Justice v. The State, ante, p. 56.

¶4The judgment is reversed, and the cause- remanded. The clerk will give the proper notice for the return of the prisoner to Lagrange county.