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BIENNIAL REPORT

OF

JAMES BINGHAM

ATTORNEY-GENERAL OF THE STATE OF

INDIANA

OF THE

BUSINESS AND CONDITION OF HIS OFFICE FROM

SEPTEMBER 30, 1908, TO OCTOBER 1, 1910

TO THE GOVERNOR

INDIANAPOLIS :
WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING

1910
LITTAUER LIBRARY, SSP
HARVARD UNLFESITY

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THE STATE OF INDIANA,

EXECUTIVE DEPARTMENT,

INDIANAPOLIS, IND., October 1, 1910. Received by the Governor, examined and referred to the Auditor of State for verification of the financial statement.

OFFICE OF AUDITOR OF STATE,

INDIANAPOLIS, October 10, 1910.

The within report, so far as the same relates to moneys drawn from the State Treasury, has been examined and found correct.

JOUN C. BILLHEIMER,

Auditor of State.

19.... Returned by the Auditor of State, with above certificate, and transmitted to Secretary of State for publication, upon the order of the Board of Commissioners of Public Printing and Binding.

MARK THISTLETHWAITE,

Secretary to the Governor.

Filed in the office of the Secretary of State of the State of Indiana, October 12, 1910.

FRED A. SIMS,

Secretary of State.

Received the within report and delivered to the printer, October 12, 1910

A. E. BUTLER,

Clerk Printing Board.

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BIENNIAL REPORT

OF

JAMES BINGHAM. .

INDIANAIOLIS, INDIANA, October 1, 1910. Hon. Thomas R. MARSHALL, Governor of Indiana:

I have the honor of submitting to you my biennial report as attorney-general of Indiana, of the business and condition of my office for the period from September 30, 1908, to October 1, 1910.

The legal opinions reported herein only relate to the official opinions, and do not include the numberless unofficial opinions given at the request of county, city, town and township officers from all parts of the state.

In this connection I again suggest that the custom of long standing in this office of answering all inquiries of such local officers has become exceedingly embarrassing to the proper discharge of the duties of the office, on account of the work entailed thereby. In almost every instance the inquiries are important to public interests, and with a few exceptions the officers making such inquiries are not clothed with authority to employ counsel to advise them. In my judgment, legislation which would provide such local officers with legal advisers, who are so situated as to intelligently and properly advise them, would be most wholesome.

I incorporate in this report a table of criminal cases decided by the supreme court, and now pending in said court, which table is as follows:

(3)

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21162 Campbell v. State.

Noble.
21214 State v. Ferris.

St. Joseph.
21217 C. C. C. & St. L. v. State. Marion.
21276 Ward v. State.

Marion.
21289 Curless v. State.

Howard 21286 Rose et al. v. State

White. 21312 Myers v. State.

Wabash. 21320 Strickland v. State.

Gibson.. 21325 State v. Collier.

Sullivan 21326 State v. Barrett.

Sullivan 21337 State v. Trook

Miami. 21338 Carter v. State.

Marion. 21328 Porter v. State.

Jay.
21352 Wiggins v. State.

Gibson.
21361 Brunaugh v. State. Marion.
21368 Melville v. State.

Marion.
21369 Dotterer v. State.

Howard 21426 Richey v. State.

Hamilton 21427 State v. Pence..

Henry 21406 Hammer v. State.

Marion. 21434 State v. Deckard et al.

Sullivan.
21402

McDonald v. State. Marion.
21453 McPherson v. State. Hamilton..
21460 State y. Williams.

Wabash.
21461 Heath v. State.

Fulton.

Blind tiger law
False pretense
Violation full train crew law.
Murder
Nuisance.
Destruction of liquors.
Liquor law.
Sale of liquor by druggist.
Repair highway
Violation coal miners act.
Perjury.
Abortion.
Murder
Enticing Female.
False Claim.
Practicing medicine without

license..
Assault and battery
Fornication...
Liquor violation
Wearing badge
Liquor violation
Conspiracy to commit false

pretenses.
Liquor violation.
Liquor law.
Murder.

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21458

Cotner v. State.

Harrison

Liquor law.

21487 Skelton v. State. 21480 Witty v. State..

Putnam.
Knox,

89 N. E. 860, 90 N. E. 897.

Pike.
Pike,
Pike
White.

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21491 State v. Smith.
21492 State v. Smith.
21493 State v. Robinson
21525 State v. Tillett.
21512 Lucas v. State..
21528 Hinkle v. State.
21498 Axtell v. State.
21523 State v. Larimore.
21476 : Frank Hundley v. State.
21633 State v. Tucker.
21547 Miller v. State.
21565 Stout v. State..
21522 Rigsby v. State.
21562 Peacock v. State.
21550 Shondel y. State..
21582 Fleming v. State.
21566 U. S. Board & Paper Co.

v. State.
21638 Dresser v. State.
21588 Vest v. State
21607 Williams v. State,
21606

Ryan v. State.
21611 McCullock, Strack, Gard-

ner v. State.
21619 Carr v. State.
21623 Cotterman v. State.
21630

Thompson v. State.

Gibson..
Sullivan
Monroe
Boone.
Madison
Crawford.
Allen
Allen.
Madison
Newton.
Dekalb.
St. Joseph.

Liquor law.

Affirmed.
Practicing medicine without
license.

Affirmed.
Suspension of fine

Reversed.
Suspension of fine.

Reversed.
Suspension of fine

Reversed..
Larceny.

Appeal sus

tained.
Heavy hauling

Affirmed
Arson..

Affirmed
Embezzlement.

Reversed.
Liquor violation.

Pending
Assault and battery with intent. Reversed.
Incest.

Pending
Murder

Reversed.
Murder.

Reversed.
Murder

Affirmed
Wife desertion

Pending
Liquor law
Larceny

Affirmed
Nuisance

Reversed.

Pending
Assault.

Affirmed.
Forgery

Pending
Liquor law

Affirmed.
Indirect contempt.

Pending
Playing baseball on Sunday. Pending

Pending
Appeal dis-

missed. Failing to cover saw

Pending. Embezzlement.

Pending

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1

Hancock
Monroe.
Johnson.
Marion.
Howard.

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Floyd.
Marion.
Cass.
Porter

21632 State v. Rodgers. 21636 Agar v. State.

Jennings. | Gibson

Briefed.
Briefed.

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