Strickland v. State, No. 21,320.

Docket NºNo. 21,320.
Citation171 Ind. 642, 87 N.E. 12
Case DateFebruary 02, 1909
CourtSupreme Court of Indiana

171 Ind. 642
87 N.E. 12

STRICKLAND
v.
STATE.

No. 21,320.

Supreme Court of Indiana.

Feb. 2, 1909.


Appeal from Circuit Court, Gibson County; O. M. Welborn, Judge.

Horace Strickland was convicted of selling intoxicating liquors in violation of law, and he appeals. Affirmed.


Luther Burson, Thos. Duncan, Claude Smith, Byron S. Johnson, and Henry Johnson, for appellant. Jas. Bingham, A. G. Cavins, E. M. White, and W. H. Thompson, for the State.

MONTGOMERY, J.

Appellant was convicted of selling intoxicating liquor as a druggist to one known to him to be in the habit of using such liquors as a beverage. The overruling of his motion for a new trial is assigned as error. The motion for a new trial charges error in the admission of certain testimony, and that the finding of the court is not sustained by sufficient evidence and is contrary to law.

The trial occurred in the court below May 13, 1908, and it appears from the record that, on May 9th preceding, the prosecuting attorney served notice in writing upon appellant's attorneys to produce at the trial, for use as evidence, the signed application for one quart of intoxicating liquor executed by Edward G. Wilson to appellant, dated on or about September 1, 1907, and on May 12th, upon a showing of such notice and motion of the prosecuting attorney, appellant was ordered and directed by the court to produce the writing therein mentioned at the trial. The writing was not produced upon the trial, and its production by the accused could not be enforced. The prosecuting attorney testified as a witness, and, after reading the notice to produce the written application for liquor above mentioned, was asked to state the contents of such application. Appellant's counsel objected to such oral testimony, on the ground that “no proper foundation has been laid for the introduction of secondary evidence by showing either loss or destruction of the application.” The objection stated is only applicable when the parol proof offered relates to the contents of a writing in the possession of a third person or in the possession or under the control of the party seeking to make such secondary proof. The law required appellant as a druggist to preserve the written application for liquor upon which a sale is made for at least one year from the date of such sale, and the state was proceeding upon the theory that appellant had obeyed the law in this respect and had possession of such writing. Appellant's counsel make the point here that...

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10 practice notes
  • Sizemore v. State, No. 1-1277A287
    • United States
    • January 29, 1979
    ...cases relied upon in Quassy are: Woodall v. State (1974), 162 Ind.App. 39, 317 N.E.2d 900 (essential Fact ); Strickland v. State (1909), 171 Ind. 642, 87 N.E. 12 (venue required to sustain a conviction). Jackson relied on Strickland, supra, and Garst v. State (1879), 68 Ind. 101 (complete f......
  • State v. Barrett, No. 21,326.
    • United States
    • Indiana Supreme Court of Indiana
    • February 5, 1909
    ...say that the act is unwholesome or unreasonable, or determine as to its propriety or impropriety, and to doubt its constitutionality [87 N.E. 12]is to resolve in favor of its constitutionality. It results that the act is constitutional, the affidavit is good, and appellee's answer was not g......
  • Butler v. State, No. 2-577-A-155
    • United States
    • Indiana Court of Appeals of Indiana
    • October 2, 1978
    ...essential element of any criminal charge in Indiana. See, Woodall v. State (1974), Ind.App., 317 N.E.2d 900; Strickland v. State (1909), 171 Ind. 642, 87 N.E. 12; Indiana Constitution, Article I, § As such the State bears the burden of proof and this Court may not reverse a conviction if th......
  • Scalf v. State, No. 2-1179A355
    • United States
    • Indiana Court of Appeals of Indiana
    • August 26, 1981
    ...the Motion to Correct Error, the failure of the State to prove venue must result in reversal of the conviction. Strickland v. State (1909) 171 Ind. 642, 87 N.E. 12; Woodall v. State (1st Dist. 1974) 162 Ind.App. 39, 317 N.E.2d 900. But as our Supreme Court held in Sizemore v. State (1979) I......
  • Request a trial to view additional results
10 cases
  • Sizemore v. State, No. 1-1277A287
    • United States
    • January 29, 1979
    ...cases relied upon in Quassy are: Woodall v. State (1974), 162 Ind.App. 39, 317 N.E.2d 900 (essential Fact ); Strickland v. State (1909), 171 Ind. 642, 87 N.E. 12 (venue required to sustain a conviction). Jackson relied on Strickland, supra, and Garst v. State (1879), 68 Ind. 101 (complete f......
  • State v. Barrett, No. 21,326.
    • United States
    • Indiana Supreme Court of Indiana
    • February 5, 1909
    ...say that the act is unwholesome or unreasonable, or determine as to its propriety or impropriety, and to doubt its constitutionality [87 N.E. 12]is to resolve in favor of its constitutionality. It results that the act is constitutional, the affidavit is good, and appellee's answer was not g......
  • Butler v. State, No. 2-577-A-155
    • United States
    • Indiana Court of Appeals of Indiana
    • October 2, 1978
    ...essential element of any criminal charge in Indiana. See, Woodall v. State (1974), Ind.App., 317 N.E.2d 900; Strickland v. State (1909), 171 Ind. 642, 87 N.E. 12; Indiana Constitution, Article I, § As such the State bears the burden of proof and this Court may not reverse a conviction if th......
  • Scalf v. State, No. 2-1179A355
    • United States
    • Indiana Court of Appeals of Indiana
    • August 26, 1981
    ...the Motion to Correct Error, the failure of the State to prove venue must result in reversal of the conviction. Strickland v. State (1909) 171 Ind. 642, 87 N.E. 12; Woodall v. State (1st Dist. 1974) 162 Ind.App. 39, 317 N.E.2d 900. But as our Supreme Court held in Sizemore v. State (1979) I......
  • Request a trial to view additional results

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