Shacklett v. State
| Decision Date | 25 February 1926 |
| Docket Number | 24,537 |
| Citation | 150 N.E. 758,197 Ind. 323 |
| Parties | Shacklett v. State of Indiana |
| Court | Indiana Supreme Court |
1. CRIMINAL LAW.---Supreme Court cannot weigh the evidence, but can consider it only for purpose of determining whether all essential elements of finding or verdict have been proved.---The Supreme Court cannot weigh the evidence, but can consider it only for the purpose of determining whether all of the essential elements to sustain the finding of the court or the verdict of the jury have evidentiary support. p 326.
2. INTOXICATING LIQUORS.---Defense of active entrapment not sustained in prosecution for selling intoxicating liquor.---Although the law does not authorize officers employed to prevent crime and apprehend criminals to incite lure and persuade one to commit a criminal offense for the sole purpose of prosecuting him, the defense of active entrapment cannot be sustained to a charge of selling intoxicating liquor where the accused was ready and willing to sell and was not improperly solicited. p. 326.
3. INTOXICATING LIQUORS.---Evidence held sufficient to sustain charge of furnishing liquor, though not sufficient to sustain charge of selling or giving away.---In a prosecution for selling, bartering, giving away, furnishing and otherwise disposing of intoxicating liquor, although the evidence may be insufficient to sustain a charge of selling or giving away, it may be sufficient to sustain the charge of furnishing liquor. p. 326.
4. CRIMINAL LAW.---When husband not present when wife committed crime, there is no presumption that she was under his control in committing the crime.---When the husband of accused was not present when she committed the offense with which she was charged and there was no evidence to support an inference that she was not acting independently of his influence, there can be no presumption that she was acting under the direction of her husband in committing the crime. p. 327.
From Marion Criminal Court (55,264); Frank A. Symmes, Special Judge.
Laura Shacklett was convicted on a charge of selling, bartering exchanging, giving away, furnishing and otherwise disposing of intoxicating liquor, and she appeals.
Affirmed.
Alvah J. Rucker, for appellant.
U. S. Lesh, Attorney-General and Cronk & Wilde, for the State.
Appellant has appealed from a judgment on a finding of guilty of unlawfully selling, bartering, exchanging, giving away, furnishing and otherwise disposing of intoxicating liquor. Acts 1923 p. 70, § 1.
The overruling of her motion for a new trial wherein she asserts that the finding of the court was contrary to law and not sustained by sufficient evidence is the only error assigned.
All of the evidence for the state was given by two police officers. One of them testified that he searched appellant's house seven or eight times within the previous nine months for intoxicating liquor, but none was found. He arrested appellant's husband in his own house, charging him with vagrancy, but he was discharged. This officer's home was at Whittier Place, Irvington. Appellant's home was at 512 East Court street, Indianapolis, and within that officer's official district. His hours on duty were from 11 p. m. to 7 a. m., but without request from any one, on August 14, 1923, at about 8:10 in the evening, dressed in plain clothes, with another police officer likewise dressed he claims to have driven in his own Ford sedan automobile to the opposite side of the street in front of appellant's home where, upon seeing appellant in her door, he asked her to bring him a half-pint. The light was sufficient for him to recognize her but she could not recognize him in the car. She refused, saying the police were nearby. He then drove away and in a few minutes returned and told her that "the police had gone east on Market street and to hurry up with my pint, and she sent out and got a half-pint." Both officers testified that appellant did not go into the house, but in two or three minutes they saw some one give...
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