[DOWNLOAD] "Wasy v. State Indiana" by 361 Supreme Court of Indiana No. 29 * Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Wasy v. State Indiana
• Author : 361 Supreme Court of Indiana No. 29
• Release Date : January 15, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

On Petition for Rehearing The appellee has filed a petition for rehearing with counter-affidavits attached thereto by the
prosecuting attorney in which he attempts at this time in this court to put in issue and to contradict certain allegations
made in affidavits filed in the court below in support of the motion for a new trial and a motion for a continuance. Our opinion
was based in part upon the uncontradicted affidavits filed in the court below. We pointed out in that opinion that the specifications
and allegations in the motions stood uncontradicted by reason of the fact that no counter-affidavits were filed or testimony
offered on the issue presented in the court below. Appellee contends, however, that some of the undenied allegations were contained only in the motion for a continuance and
not in the motion for a new trial, and that the verified statements and affidavits in a motion for a continuance did not have
the standing when uncontradicted as those statements in a motion for a new trial under Rule 1-15 of this court. This rule
provides for the filing of affidavits in support of a motion for a new trial and counter-affidavits thereto and then states,
"such affidavits shall be considered as evidence without introduction thereof on the hearing on the motion, and shall be a
part of the record without a bill of exceptions." We need not go into the question attempted to be raised by the appellee
herein for the reason that the affidavit in support of the motion for a new trial, which stands uncontradicted, contains the
following language:

Free Books Download "Wasy v. State Indiana" PDF ePub Kindle