[Download] "Rodger Moore v. State Indiana" by Supreme Court of Indiana No. 179S15 * eBook PDF Kindle ePub Free
eBook details
- Title: Rodger Moore v. State Indiana
- Author : Supreme Court of Indiana No. 179S15
- Release Date : January 30, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellant was convicted of second degree murder by jury. During arguments on a motion to correct errors, the trial Judge stated that he believed the evidence to be sketchy, and that he was not convinced of the defendant's guilt beyond a reasonable doubt. The trial Judge stated that he was unsure of the proper standard of review when ruling on a sufficiency of the evidence issue. The Judge went on to say: . . . What I'm saying is that I'm going to deny that on the sole ground that I don't believe trial Judges in this State have the power to interfere with a jury's verdict as a 13th juror. That is to say it is no remedy for setting aside a jury's verdict because the Judge was not convinced beyond a reasonable doubt of the Defendant's guilt. Now, if they say that, yes the trial Judge does have that power, it would then be remanded for a hearing on the motion.