Kinser v. State
| Decision Date | 03 December 1857 |
| Citation | 9 Ind. 516 |
| Parties | Kinser v. The State |
| Court | Indiana Supreme Court |
From the Tippecanoe Court of Common Pleas.
The judgment is reversed. Cause remanded to be dismissed.
Edward H. Brackett and J. O'Brian, for appellant.
David P. Vinton, John L. Miller and DeWitt C. Chipman, for state.
Information for retailing. Conviction and fine.
The information did not aver that the liquor was not sold for medicinal, etc., purposes.
This information was bad, according to the opinion of a majority of the judges in Beebe v. State, 6 Ind. 501. It was there held, by three of the four judges, that the agency portion of the liquor law of 1855 was void; and that every person had a right to retail for the purposes specified in the exceptions to the statute.
Under this decision, it follows, according to Brutton v. State, 4 Ind. 601, 602, that the information was fatally defective in not negativing that the selling charged was within the exceptions in the statute.
The judgment is reversed. Cause remanded to be dismissed.
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