Summary
In Gaines v. State (1921), 191 Ind. 262, 132 N.E. 580, appellant was charged with the crime of burglary by breaking and entering into the dwelling house of Andrew Heilman. This court there held that there was no evidence independent of appellant's confession tending to show that a burglary was committed by breaking into the house of Andrew Heilman, and the case was reversed for failure to prove the corpus delicti.
Summary of this case from Brown v. StateOpinion
No. 6283.
Decided June 8, 1921.
Murder — Escape — Practice on Appeal.
Where it was shown on appeal from a conviction of murder, by proper affidavit of the officers, that the appellant had made his escape and had not returned to custody, the appeal will be dismissed.
Appeal from the District Court of Stephens. Tried below before the Honorable W.R. Ely.
Appeal from a conviction of murder; penalty, five years' imprisonment in the penitentiary.
The opinion states the case.
No brief on file for appellant.
R.H. Hamilton, Assistant Attorney General, for the State.
Conviction is for murder; punishment fixed at confinement in the penitentiary for a period of five years.
Charging that the appellant has made his escape and has not returned to custody, the Assistant Attorney General moves that the appeal be dismissed. Accompanying the motion are affidavits of the Sheriff of Stephens County, in which the fact charged is made to appear.
In accord with the statute, Article 912 of the Penal Code, the appeal is dismissed.
Dismissed.