265 Ind. 674 - Feggins v. State

How this case has been cited

Cited by 63 later decisions — most recently August 1996 · most notably Loyd v. State (1980), Norton v. State (1980)

61 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.

¶1Dissenting Opinion

Hunter, J.

¶2I dissent from that part of the majority opinion which allows the trial court to instruct the jury as to the possibility of parole. All powers affecting the length of time served on an imposed sentence are vested in the execu*687tive branch of government. As such, the jury should not be informed of the law on the subjects of pardon, parole or good time. Annot., 35 A.L.R.2d 769 (1954). Upon an inquiry, the judge should inform the jury that powers of pardon and parole embrace matters exclusively relegated to the executive department and that powers of mitigation are not proper matters for their consideration. To do more is to invite speculation and involves the judiciary in subjects outside its proper realm.

¶3Note. — Reported at 359 N.E.2d 517.