Turner v. State

Citation93 N.E. 225,175 Ind. 1
Decision Date13 December 1910
Docket Number21,741
PartiesTurner v. The State of Indiana
CourtSupreme Court of Indiana

From Hamilton Circuit Court; Meade Vestal, Judge.

Prosecution by The State of Indiana against Buff Turner. From a judgment of conviction, defendant appeals.


Christian & Christian, for appellant.

James Bingham, Attorney-General, Alexander G. Cavins, Edward M White and William H. Thompson, for the State.


Jordan, J.

The State instituted this prosecution against appellant upon an affidavit charging the unlawful sale of intoxicating liquors. The affidavit alleged that "Ivan R. Godwin, being duly sworn, upon his oath says that as he is informed and believes that Buff Turner, a person whose true name is unknown to affiant, on February 8, 1910, at the county of Hamilton and State of Indiana, did then and there unlawfully sell to Louis Wien one pint of beer, at and for the price of ten cents; he, said Buff Turner, not then and there being licensed under the laws of the State of Indiana to sell spirituous, vinous and malt liquors." Appellant moved to quash the affidavit upon the ground that it did not state an offense. His motion was overruled, to which he excepted. On a trial by the court the defendant was found guilty, and fined $ 100. Over appellant's motion in arrest of judgment and for a new trial, judgment was rendered upon the finding of the court. He appeals, and assigns as errors the overruling of the motion to quash the affidavit and the overruling of the motion for a new trial.

The argument of appellant's counsel in regard to the insufficiency of the affidavit is somewhat confused, and we are not clearly advised thereby in respect to the deficiency urged against the pleading, but as we view their argument, it is that the liquor alleged to have been sold is not shown to have been of the kind or character to require appellant to have a license, under the laws of this State, in order lawfully to sell it. It will be noted that the affidavit charges appellant with the unlawful sale of a pint of beer for the price of ten cents to the person therein mentioned at the time and place stated. The absence of a license is duly negatived by the averments of the pleading. The affidavit considered as a whole, certainly discloses that the liquor with which it is dealing, and which it charges was sold by appellant, is malt liquor. The primary meaning of the term "beer," as held by this court in the case of Myers v. State (1884), 93 Ind. 251, is "a fermented liquor;" or, in other words, "a malt liquor made from any malted grain with hops or other bitter flavoring." The ...

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