Burnett v. State
| Decision Date | 17 November 1925 |
| Docket Number | 24,961 |
| Citation | 149 N.E. 440,196 Ind. 681 |
| Parties | Burnett v. State of Indiana |
| Court | Indiana Supreme Court |
1. INTOXICATING LIQUORS.---Possession of intoxicating liquor with intent to sell was not criminal offense February 1 1925.---On February 1, 1925, the possession of intoxicating liquor was not a criminal offense even when the possession was with intent to sell. p. 682.
2. INTOXICATING LIQUORS.---Evidence held insufficient to show possession, sale, exchange, giving away or otherwise disposing of intoxicating liquor.---Evidence held insufficient to show that defendant possessed, transported sold, exchanged, gave away; or otherwise disposed of intoxicating liquor. p. 682.
From Marion Criminal Court (58,372); L. Ert Slack, Special Judge.
Lawrence Burnett was convicted of a violation of the prohibition law and he appeals.
Reversed.
Asche & Spaan, for appellant.
Arthur L. Gilliom, Attorney-General, and George J. Muller, for the State.
The sufficiency of the evidence to support the finding of guilty by the court is the only error presented for decision.
The indictment charged that on or about February 1, 1925, in Marion county, Indiana, the appellant did unlawfully manufacture, possess, transport, sell, barter, exchange, give away, furnish and otherwise dispose of intoxicating liquor to persons unknown. At the conclusion of the evidence by appellee, and after the motion for the discharge of appellant for the reason that there was no evidence that he transported intoxicating liquor for unlawful purposes had been overruled, and after appellant had rested his case without having introduced any evidence, the court made its finding that appellant was guilty.
There was no evidence introduced by the state that appellant manufactured, possessed, transported, sold, exchanged, gave away, furnished, or otherwise disposed of intoxicating liquor to any person.
The testimony given by the sheriff of Marion county and his deputy was that they secreted themselves in a garage which was located on an alley in the city of Indianapolis, between five and six o'clock in the evening of February 1, 1925 and that after waiting about thirty minutes, appellant and one Wolfa drove up in a big touring automobile and stopped opposite where the sheriff and his deputy were hiding. Appellant and Wolfa alighted and one of them unlocked the padlocked door of the garage on the opposite side of...
To continue reading
Request your trial