10 IND 423 - Howe v. State

How this case has been cited

Cited by 4 later decisions — most recently April 1909

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1Information against Samuel Howe for retailing. Conviction and fine of 20 dollars. A motion to quash was made and overruled before the trial.

¶2The record does not disclose, expressly, as to the statute under which the prosecution was instituted, but we conclude it was under the liquor law of 1855. If so, the information should have been quashed, because that law is unconstitutional and void. This is the unanimous opinion of the Court (1).

¶3But suppose the prosecution to have been under the liquor law of 1853, still the information should have been quashed because it contains no negative of a license to sell. As the act of 1853 was a license law, an information founded upon it should negative that the defendant had license to sell. 3 Wat. Arch. p. 609-78. U. S. Crim. LaAv, 524, et seq. The question, therefore, whether the act of 1853 is.in force does not arise in this case.

D. Moss, for the appellant.

¶4The judgment is reversed. Cause remanded to be dismissed.

¶5O’Daily v. The State, 9 Ind. R. 494.