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75 Ind. App. 292

Sudlow v. State

Indiana Court of Appeals

Decided April 1, 1921

Indiana Court of Appeals · decided 1921-04-01

<p>Criminal Law. — Insufficiency of Evidence. — Discharge of Prisoner. — Statute.—Where the evidence in a criminal case is wholly insufficient to sustain a judgment of conviction, defendant will be ordered discharged under §2225 Burns 1914, §1895 R. S. 1881.</p>

Cited by 2 later decisions — most recently August 1975

2 state decisions

Relies on Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1921-04-01

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Dausman, P. J.

¶1Appellant was convicted on a charge of having encouraged a female under the age of eighteen years “to be guilty of indecent and immoral conduct,” in violation of the act concerning delinquency in children. Acts 1917 p. 342, §1648 Burns’ Supp. 1918. The trial was by the court without a jury. We have examined the evidence and we find that it wholly fails to support the finding. Robinson v. State (1919), 188 Ind. 467, 124 N. E. 489. The judgment is reversed, and, in accordance with §2225 Burns 1914, §1895 R. S. 1881, the trial court is directed to discharge the defendant.

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