Joseph Clark Mccarthy v. Adele Marianne Book Reviews
Joseph Clark Mccarthy v. Adele Marianne by Court of Appeals of Indiana Book Summary
Appellant was convicted after jury trial of living in a house of ill fame.[Footnote 1] On appeal, this conviction was reversed because the record contained "... no direct evidence of appellants sex... ." Sumpter v. State, (1973) Ind. App., 296 N.E.2d 131, 133. We accepted the states petition to transfer the matter to this Court and modified the Indiana common law rule on proof of sex to provide that trial courts may take judicial notice of a defendants sex. Sumpter v. State, (1974) 261 Ind. 471, 306 N.E.2d 95. The effect of such notice is the creation of a rebuttable presumption sufficient to establish a prima facie case where the defendant "fails to produce any competent evidence to the contrary." Id., at 99. Upon review of the other questions presented by appellant, we affirmed the conviction but remanded the cause to the trial court "for determination of the defendants sex pursuant to the procedures set out herein." Id., at 104.
Book Name | Joseph Clark Mccarthy v. Adele Marianne |
Genre | Law |
Author | Court of Appeals of Indiana |
Published | 31 December 1971, Friday |
Language | English |
E-Book Size | 65.01 KB |
Joseph Clark Mccarthy v. Adele Marianne (Court of Appeals of Indiana) Book Reviews 2024
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Summary of Joseph Clark Mccarthy v. Adele Marianne by Court of Appeals of Indiana
The Joseph Clark Mccarthy v. Adele Marianne book written by Court of Appeals of Indiana was published on 31 December 1971, Friday in the Law category. A total of 68 readers of the book gave the book 0 points out of 5.
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