Peterson v. State

Decided June 9, 1856

Indiana Supreme Court · decided 1856-06-09

<p>Prosecution, under the first section of the liquor act of 1853, for retailing spirituous liquor. Neither the affidavit nor information alleged that the liquor was not sold for sacramental, chemical, mechanical, medicinal or culinary purposes. Held, that a motion to quash the information was properly sustained.</p>

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Decided 1856-06-09

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Cited by 4 later decisions — most recently November 1928

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.

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Davison, J.

¶1This was a prosecution for retailing spirituous liquors without license, under an act of 1853. Motion to quash the information overruled. The defendant was found guilty, and judgment given for the state.

B. Smith, for the appellants.

¶2The first section of the above act provides, that no person shall retail spirituous liquors without license, &c., “except for sacramental, chemical, mechanical, medicinal or culinary purposes.” Neither the affidavit nor information negatives the exception. It follows that the motion to quash should have been sustained. Acts of 1853, p. 87.-4 Ind. E. 601, 602, 603.

Per Curiam.

¶3The judgment is reversed with costs.