KELLEY v. STATE

No. 28,807.

231 Ind. 671 (1953)

110 N.E.2d 860

KELLEY v. STATE OF INDIANA

Supreme Court of Indiana.

Filed March 11, 1953.


Attorney(s) appearing for the Case

T. Ernest Maholm, of Indianapolis, and Harris W. Avery, of Greenfield, for appellant.

J. Emmett McManamon, Attorney General, William T. McClain and John Ready O'Connor, Deputy Attorneys General, for appellee.


EMMERT, C.J.

A jury by its verdict found appellant guilty of murder in the first degree while in the perpetration of a robbery as charged in the first count of an indictment, and fixed the punishment at imprisonment for life. This count was not tested by a motion to quash under § 9-1129, Burns' 1942 Replacement, but before sentence appellant filed a motion in arrest of judgment, under § 9-2001, Burns' 1942 Replacement, which was overruled by the trial court...

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