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198 Ind. 689

154 N.E 659

Briles v. State

Indiana Supreme Court

Decided January 4, 1927

Indiana Supreme Court · decided 1927-01-04

Relies on Scott v. State · Ward v. State · White v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1927-01-04

How this case has been cited

Cited by 15 later decisions — most recently December 1989

15 state decisions

601927193019401950196019701980decided

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.

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Travis, J.

¶1 The only error which appellant presents upon appeal is, that the trial court erred in overruling his motion for a new trial. The proposition made to support the allegation of this error is that the evidence admitted was incompetent, and therefore will be regarded as prejudicial.

¶2 The brief admits that all the evidence by the state was competent, because the evidence was all admitted without objection by the defendant. Furthermore, the motion for a new trial, or the statements of the contents thereof, is not set out in the brief, *690 whereby it is impossible to know to what particular ruling of the court the point of law is addressed. The evidence is not necessarily incompetent, when introduced by the consent of the defendant, without objection.

¶3 Because the two points of law presented by the brief are not addressed to any or some one of the errors pleaded by the motion for a new trial; and be cause the motion for a new trial is not presented by the brief, no question is presented on appeal. Scott v. State (1911), 176 Ind. 382, 96 N. E. 125; Ward v. State (1913), 179 Ind. 524, 101 N. E. 809; White v. State (1915), 182 Ind. 686, 107 N. E. 674.

¶4 Judgment affirmed.

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