[Download] "State Indiana Ex Rel. Walter Raymond White" by Supreme Court Of Indiana " eBook PDF Kindle ePub Free
eBook details
- Title: State Indiana Ex Rel. Walter Raymond White
- Author : Supreme Court Of Indiana
- Release Date : January 27, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Relator Walter R. White was charged with two counts of murder in the Marion Superior Court. On March 12, 1979, a jury was impaneled and the trial was commenced. Two days of testimony and evidence followed. The final witness on the second day of trial was Dr. Josefino C. Aguilar, a pathologist at Wishard Memorial Hospital. Dr. Aguilar had performed the autopsies on the two purported victims. During his testimony, Dr. Aguilar refused, in the presence of the jury, to answer questions propounded by the deputy prosecutor on one occasion, by defense counsel on four occasions and by the court on two occasions. The next morning, March 14, Dr. Aguilar was recalled to the stand. When the court ordered him to answer questions propounded by the court, he twice refused. Aguilar stated that the reason for his refusal was that the "Prosecutors Office, time and, time again, refuse to give the courtesy that they would give an ordinary expert witness . . . ." Hence, he stated, he would testify only as to facts and would not give his expert opinion on any issues. Thereupon, the court found him in direct contempt of court, levied a fine of $50.00 and sentenced him to five days in jail. Following this series of events, all in the presence of the jury, the court declared a mistrial in view of the adverse impact on the jury. Relator now requests this Court to order the Marion Superior Court to discharge him on the ground that a retrial would violate the double jeopardy clauses of the United States and Indiana Constitutions and IC § 35-41-4-3 [Burns 1979].