Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 67
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... given, that it was intended to charge the appellee therein with the misdemeanor which "is defined, and its punishment prescribed, in section 9 of "An act to regulate and license the sale of spiritous, vinous and malt and other intoxicating liquors," etc., approved March 17th, 1875. This section reads as follows: " SEO. 9. A, license granted under the provisions of this act shall not authorize the person so licensed to sell "or barter any intoxicating, vinous or malt liquors on Sunday, nor upon any legal holiday, nor-upon the day of any State, county, township or municipal election in the township, town or city where the same may be holden, nor between the hours of 11 P. M. and 5 A. M., and upon conviction thereof he shall be deemed guilty of a. misdemeanor, and be fined in any sum not less than ten, nor more than fifty dollars, and for a second conviction he shall forfeit his license, which shall be a part of the judgment of the court trying the same." 1 R. S. 1876, p. 871. If it were conceded, that this section 9 of the statute was in force and not repealed by any later enactment, at the time of the alleged unlawful sale by the appellee to the prosecuting witness, as charged in his aflidavit in this case, it would scem to us that the court did not err in sustaining the motion to quash said aflidavit. For, by its terms, this section of the statute was applicable only to such persons as had obtained a license, granted u.nder the provisions of said act. For the purpose of showing that the appellee was liable to the punishment prescribed in said section 9, if the same had been in force, it would have been necessary that the aflidavit should have charged, in addition to the matters stated therein, that the...
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- 13 Sep 2013
- Illustrations, black and white