Whitaker v. State

Decided July 8, 1960

Indiana Supreme Court · decided 1960-07-08

Key passage — most relied on by later courts

““I do not believe at the time they were written the cases of Silverman v. State (1927), 199 Ind. 225 , 156 N. E. 549 , and Faulkner v. State (1923), 193 Ind. 663 , 141 N. E. 514 , cited and quoted in the opinion correctly stated either the common law or the legislative intention relative to the separation of juries during the trial in non-capital cases.””

quoted by 1 later decision, including Greenwalt v. State

Relies on Faulkner v. State · Silverman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1960-07-08

How this case has been cited

Cited by 23 later decisions — most recently September 1991

23 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.

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¶1CONCURRING OPINION

Achor, J.

¶2I concur in the opinion as written by Chief Justice Jackson except in this particular:

¶3 *684I do not believe at the time they were written the cases of Silverman v. State (1927), 199 Ind. 225, 156 N. E. 549, and Faulkner v. State (1923), 193 Ind. 663, 141 N. E. 514, cited and quoted in the opinion correctly stated either the common law or the legislative intention relative to the separation of juries during the trial in non-capital cases. Therefore, I do not want it to be considered that by referring to said cases it is to be inferred that I now reaffirm the statement quoted from the Silverman case as it is related to non-capital cases.