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69 Ind. 418

Kelley v. State

Indiana Supreme Court

Decided November 15, 1879

Indiana Supreme Court · decided 1879-11-15

<p>From the Montgomery Circuit Court.</p>

Cited by 2 later decisions — most recently November 1913

2 state decisions

Relies on Vannoy v. State · State v. Wilcox

Good law ✅— No negative treatment on recordhow we know

Decided 1879-11-15

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¶1Howie, C. J.

¶2Come the parties in the above entitled causes by their respective counsel, and, by an agreement in writing heretofore filed therein, the State of Indiana, by its prosecuting attorney, upon the authority of the case of Vannoy v. The State, 64 Ind. 447, doth confess that the circuit court erred, in each of said cases, in overruling the appellant’s motion to quash the indictment therein. See, also, the case of The State v. Wilcox, 66 Ind. 557.

¶3The judgment is reversed in each of said .cases, and the cause is remanded, with instructions to sustain the appellant’s motion to quash the indictment.

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