Jakes v. State

Decided May 15, 1873

Indiana Supreme Court · decided 1873-05-15

<p>Criminal Law.—Temperance.—Act of 1859.—Sale for Medical Purposes.—• On the trial of an indictment for selling intoxicating liquor without a license under the act of 1859, the proof was, that the defendant, a druggist, sold a pint of liquor on the statement of the purchaser that it was for medical purposes, and it was so used.</p> <p>Held, that the defendant should have been acquitted.</p>

Relies on Shaufler v. State · Donnell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1873-05-15

How this case has been cited

Cited by 6 later decisions — most recently February 1906

6 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.

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Worden, J.

¶1The appellant was indicted for, and tried and convicted of, selling intoxicating liquor without a license, in violation of the act of 1859. The case comes before us *474on the evidence, from which it appears that the appellant was a druggist, and that as such he sold to one William W. Smith a pint of whiskey, for the sum of fifty cents. The whiskey was bought, as the witness testified, to be used for medical purposes, and was thus used. When called for, the appellant enquired for what purpose it was wanted, and was informed by Smith that it was wanted for medical purposes. Under these circumstances, the conviction cannot be maintained. Donnell v. The State, 2 Ind. 658; Thomasson v. The State, 15 Ind. 449. A motion which the appellant made for a new trial should have prevailed.

G. O. B’ehm, A. 0. Beltm, and y. R. Carnahan, for appellant.y. C. Denny, Attorney General, for the State.

¶2The judgment below is reversed, and the cause remanded.