In Baker v. State, 27 Ind. 485 (1867) the Court considered the application of such a privilege in a criminal prosecution of a legislator not covered by a statutory or constitutional privilege prior to 1976. In Baker, the Supreme Court of Indiana reversed the trial court's ruling refusing to grant a new trial to members of the common council of the city of Evansville. The court stated that the council members "were in the exercise of a discretion given them by law. In such case, there is not individual liability, either civilly or criminally, unless they acted corruptly." Id. at 489.