In Hammer v. State, 89 N. E. 850, the constitutionality of legislation protecting the wearing of badges by secret societies was upheld. In State v. Decker, 172 Ind. 614, it was held that the provisions of Section 8346 Burns' 1908, apply to all persons who handle liquors under false labels, without regard to being transportation companies, and that labeling liquors as glass constitutes a false label. In McDonald v. State, 172 Ind. 193, it was held that a defendant who has twice passed the jury has no absolute right, on the third opportunity, of challenging a juror who has passed on the two previous occasions, especially where no showing is made that the causes of challenge either did not exist or were not known to him on the former occasions. In Hizer v. State, 89 N. E. 844, it was held that the notice of appeal in a criminal case cannot be served upon the deputy prosecuting attorney by his name. In State v. Tillett, 89 N. E. 589, it was held that in larceny when property is described as that of a certain person, proof of his possession as executor for another person is sufficient. In State v. Larimore, 90 N. E. 898, it was held that the dismissal of an affidavit after the discharge of a jury on account of their inability to agree, would not bar another prosecution for the same offense. In Fleming v. State, 91 N. E. 1085, it was held that when the same facts constitute bunco steering and grand larceny, the State has the right of election for which it will prosecute, and a conviction of one will operate as a bar to the other. There have been a number of decisions rendered in Indiana from time to time, some of them recently, apparently holding that the use of the participle in pleading constitutes a recital and not a direct allegation. It is my opinion that the use of participles is only less emphatic than the use of other forms of the verb, and that it is not recital, and I have presented that view to the Supreme Court in the case of Agar v. State, now pending, and hope that the State will be sustained in its contention in this regard, and thus relieve court procedure of this highly technical objection to pleading. The State cases, commonly known as the French Lick Springs gambling cases, against employes for visiting gambling houses were dismissed on the motion of the prosecuting attorney, as per agreement of counsel in the disposition of the cases to destroy gambling devices. The case of Pittsburg, Chicago, Cincinnati & St. Louis Ry. Co. v. State is pending on appeal in the supreme court of the United States, and involves the constitutionality of the full train crew statute of the State of Indiana. The statute was held constitutional in the court below and in the supreme court of the State of Indiana. There are quite a number of other criminal cases pending in the supreme court which have been fully briefed by the State and are now ready for the decision of the court. I also include in this report the following list of civil cases determined or pending in the circuit, superior, appellate, supreme and federal courts, which have been determined or begun since September 30, 1908: Pending. Kosciusko Cir. Ct.. To recover escheat. Pending. To recover penal ties. For receiver. To appropriate real estate. To recover salary. Affirmed. Awaiting decision in su preme court. Reply brief being |