[Download] "Spitler v. State Indiana" by 766. Supreme Court of Indiana No. 27 ~ Book PDF Kindle ePub Free
eBook details
- Title: Spitler v. State Indiana
- Author : 766. Supreme Court of Indiana No. 27
- Release Date : January 15, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
SHAKE, J. A jury found the appellant guilty of the offenses charged in an affidavit consisting of two counts. The first count was for operating a motor vehicle on a designated public highway while the appellant was under the influence of intoxicating liquor. The second count was for the reckless driving of said motor vehicle on said highway. Two alleged errors are presented for consideration. The first is based upon the overruling of the motion to quash the second count, by which it was charged that said count was bad for uncertainty. The particular defect in the second count pointed out in the motion to quash was that it charged that the appellant operated his automobile at ""an unreasonably high rate of speed,"" without specifying the speed at which the vehicle was operated. The second count also alleged that the appellant, in reckless disregard for the safety and rights of others, recklessly drove his automobile upon and against six named persons. The later charge was sufficient under the sixth clause of the statutory definition of the offense, and the allegations with respect to speed may be treated as surplusage. Acts 1939, ch. 48, § 52, § 47-2001, Burns' 1940 Replacement, § 11189-62, Baldwin's Supp. 1939. State v. Beckman (1941), 219 Ind. 176, 37 N.E.2d 531. There was no error in overruling the motion to quash the second count.