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NEW TRIAL DENIEDTheodore Biel Must Serve Sentence for Assault.Thursday'a Dally.Motion for a new trial in the case of the state against Theodore Biel, fonnd guilty by a jury in the circuit court Tuesday on a charge of assaulting John A. Everbaoh, which was argued yesterday before Judge Utz, was overruled this morning, A new trial was asked for on the ground of technicalities in the court's instructions.After the motion had been overruled an effort was made to secure a suspension of sentence under a new law passed by the last legislature. Evan B Stotsen* bnrg, for the defense, made a strong argument for the suspension of sentence on the ground that the punishment fixed by the jary was excessive and the fine of $600 was enormous and that the confinement of Biel in the county jail for a period of six months would be a burden on the taxpayers.Prosecuting Attorney Molntyre held that (he verdict had been rendered by a jury of taxpayers and that the burden on the taxpayers had probably been taken into consideration. He also said he did not think the law permitting a suspension of sentenoe by the court referred to cases such as the one before the court.Judge Utz decided that the sentence should stand and said that the matter of suspending it would be given consideration later as he said he believed onder the law be had the right to suspend the sentenoe at any time.Biel was called to the bar and after reobiving his sentence was returned to jail in custody of Deputy Sheriff Loesoh.Mr McIntyre was ably assisted in the proseontion of the case by Attorney G. H. Hester. The case was probably more vigorously fought than any that has come before the court in recent terms.
Newspaper Details
New Albany Weekly Tribune
New Albany, Indiana, US
Fri, Jun 28, 1907
Page 4
Full Page
Clipped by
Mary M.
NE, USA 25 Jun 2017
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