Indianapolis Times, Indianapolis, Marion County, 3 December 1937 — Page 40

PAGE 40

PRECEDENT SET | BY JUDGE BAKER INFOWLER CASE

1861 Mississippi Decision J

And Blackstone Cited In Court Here.

A precedent in Indiana criminal

law had been set today by Criminal | E

Court Judge Frank P. Baker in the | acquittal yesterday of Robert Fow- | ler, on trial as an accessory after | the fact of the slaying of Mrs. Mary Lucille Adams. Citing. an 1861 Mississippi Su- |

preme Court decision, Dave Lewis, | §

defense ‘tounsel, moved to have the | jury directed to acquit Fowler. Judge Baker upheld the motion | and Fowler was acquitted of charges | in connection with the alleged slay- | ing, April 13, for which Ralph Ad- | ams, the dead woman's husband, | was convicted and sentenced to life | imprisonment ~ The 1861 decision was based on | the original commentary by Blackstone on “the consummation of =a crime,” Judge Baker said.

Time of Death Issue In upholding the motion. Judge

Baker ruled that Fowler could not.

have been an accessory after the | fact to the alleged murder until after the woman died. The State has only attempted to show that Fowler aided Adams in his escape a few minutes after the shooting. At that time Mrs. Adams had not died.” he said Edward Brennan said it was impossible to prove that Fowler aided Adams after Mrs. Adams died four hours after the shooting. Judge Baker indicated that Fowler might have been tried on &n; indictment charging accessory In assault and battery with intent (to kill, in place of the murder charge.

2 ARRESTED ON SLOT MACHINE CHARGES

10-Cent Payoff Reported by Patrolman.

A man who said he was Norris | Corbin and gave a N. New Jersey St. address today faced Municipal Court charges of violating the 1935 Slot Machine Act. | Patroiman Robert Murnan reported he was in a N. Illinois St drug store last night and watched Mr. Corbin play a pin ball machine The officer said Mr. Corbin turned to Edward Stucky, the store proprietor, and asked: “I've a pretty good score here—how much does it win? “Ten cents in merchandise,” Officer Murnan said Mr. Stucky replied. The officer reported Mr. Corbin collected two cigars as a prize. He arrested both men on charges of violating the 1935 act. He said the | machine bore a City license certificate. {

6 MORE SENTENCED TO DEATH IN RUSSIA

MOSCOW, Dec. 3 (U. P.) —Additional death sentences in the Soviet | “purge” had been revealed today. ! Six were sentenced to death and one to 15 years imprisonment on charges of counter-revolutionary activity aimed at restoring capitalism in Kazakstan. t The chief engineer of coal mine No. 1 in Kirghizia was condemned | on charges of wrecking. Five were , sentenced to death at Sverdlovsk on | charges of cattle wrecking. Nine bandits were executed in Dagestan.

GUN CLUB TAKES TRIP

Twenty-five members of the Murat Gun Club went to Logansport by special busses today to take part in the Shrine Circus in that city tonight. Herbert Stewart, Murat Gun

Club squad captain, will direct the

exhibition drills.

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FRIDAY, DEC. 3, 1937

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