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56 Ind. 117

Long v. State

Indiana Supreme Court

Decided May 15, 1877

Indiana Supreme Court · decided 1877-05-15

<p>Liquor Law.—Evidence.—A conviction upon' an indictment charging the defendant with having unlawfully sold intoxicating liquor to a certain person, without evidence that the sale charged had been made, is erroneous.</p>

Decided 1877-05-15

Perkins, C. J.

¶1Indictment against appellant for selling a gill of whiskey, without license, to one Rhinehole Hollander, at, etc. Trial and conviction of appellant. The evidence is properly in the record. A motion for a new trial was made on the ground that the evidence did not sustain the conviction. The motion was overruled, and appellant excepted. The new trial should have been granted. There was no evidence that the appellant ever sold any intoxicating liquor to Rhinehole Hollander.

¶2The judgment is reversed, with costs; cause remanded for further proceedings, in accordance with this opinion.

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