GILMORE v. STATE

No. 28,649.

229 Ind. 359 (1951)

98 N.E.2d 677

GILMORE v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed May 16, 1951.


Attorney(s) appearing for the Case

Wilbur F. Dassel, of Evansville, for appellant.

J. Emmett McManamon, Attorney General; Charles F. O'Connor and Merl M. Wall, Deputy Attorneys General, for appellee.


EMMERT, J.

The appellant was indicted for the offense of voluntary manslaughter, of which he was found guilty by a jury. From the judgment on the verdict he prosecutes this appeal.

Before entering a plea of not guilty, the appellant filed a verified plea in abatement, which in substance alleged that after the grand jury had been impaneled, one member thereof stated that, "he was opposed to the infliction of capital punishment and that he did not feel qualified...

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