Snyder v. State

Decided June 3, 1854

Indiana Supreme Court · decided 1854-06-03

<p>An information for retailing spirituous liquor which does not allege a price for which the liquor was sold, is had on motion to quash.</p> <p>To convict a defendant of a misdemeanor, it must he proved in what county the oifence was committed.</p>

Decided 1854-06-03

Stuart, J.

¶1Catharine Snyder was charged with selling liquor without license. Motion to quash overruled. Trial and conviction.

¶2The Court erred in overruling the motion to quash. The facts set out do not constitute a sale. Price is an essential element in the idea of sale and should be alleged. The same point has been repeatedly held in this Court. Divine v. The State, 4 Ind. R. 240.

¶3On other grounds, the conviction is wrong. The evidence is all in the record. It does not appear in what county the offence was committed.

¶4Per Curiam. — The judgment is reversed with costs. Cause remanded, &c. (1).

¶5 The judgment in another case of Snyder v. The State, was reversed, on this day, for the reasons given in this case.