194 IND 186 - Utley v. State

How this case has been cited

Cited by 14 later decisions — most recently February 1963

14 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.

Gause, J.

¶1This is an appeal from a judgment below convicting the appellant of the charge of unlawfully transporting intoxicating liquor.

¶2The only error assigned is that the court erred in overruling appellant’s motion for a new trial.

¶3The only causes assigned in his motion for a new *187trial were: “(1) The court erred in overruling defendant’s motion to quash the indictment herein. (2) The judgment of the court is contrary to law. (3) The judgment of the court is contrary to the evidence. (4) The judgment of the court is not sustained by sufficient evidence.”

¶4None of the above reasons assigned in the motion for a new trial are grounds for a new trial under the statute. §2158 Burns 1914, Acts 1905 p. 584; Nafe v. Leiter (1885), 103 Ind. 138, 2 N. E. 317; Lytle v. State (1920), 189 Ind. 690, 128 N. E. 836, and cases therein cited; Koby v. State (1922), 193 Ind. 107, 136 N. E. 840.

¶5The appellant in his motion for a new trial attacks the judgment of the court; but in his brief undertakes to discuss the sufficiency of the evidence to support the finding of the court.

¶6It follows, upon the authority of the cases above cited, that appellant has presented no question to this court for decision.

¶7The judgment is affirmed.

¶8Ewbank, C. J., dissents.