Rowan v. State

• Decision Date: 10 December 1912
• Docket Number: No. 22,191.,22,191.
• Citation: 178 Ind. 663,100 N.E. 9
• Parties: ROWAN v. STATE.
• Court: Indiana Supreme Court

178 Ind. 663

100 N.E. 9

ROWAN

v.STATE.

No. 22,191.

Supreme Court of Indiana.

Dec. 10, 1912.

Appeal from Circuit Court, Grant County; H. J. Paulus, Judge.

James Rowan was convicted of keeping and operating a place where intoxicating liquors were sold, bartered, and given away in violation of law, and he appeals. Affirmed.

Meade S. Hays, of Marion, for appellant. Thomas M. Honon, Atty. Gen., Thomas H. Branaman, of Indianapolis, Edwin Corr, of Bloomington, and Jas. E. McCullough, of Indianapolis, for the State.

SPENCER, J.

Appellant was found guilty on an affidavit charging him with keeping and operating a place where intoxicating liquors were sold, bartered, or given away, in violation of section 8351, Burns' Statutes 1908 (Acts 1907, p. 689). Appellant pleaded not guilty. Trial by jury, finding appellant guilty as charged. Upon the overruling of a motion for a new trial, the court rendered judgment upon the verdict. The only error relied upon for a reversal is that the court erred in overruling appellant's motion for a new trial.

[1][2] Appellant contends, in support of his motion for a new trial, that the evidence was not sufficient to support the verdict. A brief review of the evidence will show that prior to the year 1911 appellant erected a building at 1136 Branson street, in the city of Marion, Ind., and conducted a saloon therein for a while, when he converted it into a “social club,” where its members could secure liquors; that appellant was convicted of running a “blind tiger,” when he abandoned his “social club” enterprise and opened a drug store; that his building is composed of two rooms, the front room containing a stock of drugs, medicines, cigars, tobaccos, and sundries, which was in charge of a licensed pharmacist, while the rear room contained barrels, bottles and jugs of whisky and bottled beer, in charge of appellant, who held both a government and state license, commonly known as a stamp and wholesale license; that when the police of Marion raided appellant's drug store they found a large quantity of whisky and about 40 bottles of beer on ice, several filled cases, and 10 barrels of empty beer bottles. Witnesses testified that they had bought drinks of whisky from appellant and in quantities of pints and half pints; that men were seen coming from said drug store under the influence of liquor, who entered the store sober, and left the place carrying with them bottles of beer; that loud talking and dropping of bottles...