Tutsbree v. State, No. 24558.

Docket NºNo. 24558.
Citation195 Ind. 581, 145 N.E. 490
Case DateNovember 13, 1924
CourtSupreme Court of Indiana

195 Ind. 581
145 N.E. 490

TUTSBREE
v.
STATE.

No. 24558.*

Supreme Court of Indiana.

Nov. 13, 1924.


Appeal from Circuit Court, Cass County; Paul M. Souder, Judge.

Oliver Tutsbree was convicted of manufacturing and possessing intoxicating liquor, with intent to sell, barter, etc., and he appeals. Affirmed.

[145 N.E. 491]


Rabb, Mahoney & Fansler, of Logansport, for appellant.

U. S. Lesh, Atty. Gen., and O. S. Boling, of Indianapolis, for the State.


EWBANK, J.

Appellant was tried upon an issue joined by his plea of not guilty to an affidavit of three counts. The first count charged that he unlawfully manufactured intoxicating liquor; the second charged that he unlawfully possessed a certain still; and the third that on the 13th day of December, 1922, he had in his possession intoxicating liquor, with intent to sell, barter, exchange, give away, furnish, and otherwise dispose of the same to persons unknown within this state. The jury returned a verdict, finding him guilty on the first and third counts, and imposed a fine and imprisonment for each offense. Overruling the motion for a new trial is the only error assigned, under which appellant complains that the verdict is not sustained by sufficient evidence, and is contrary to law.

[1] In passing on such a motion we must accept as true the evidence and the inferences which reasonably may be drawn from the evidence, that tend to sustain the verdict, and reject as untrue all evidence and inferences to the contrary. Lee v. State, 191 Ind. 515, 132 N. E. 582;Hall v. State (Ind. Sup.) 139 N. E. 588;Jackson v. State (Ind. Sup.) 143 N. E. 625.

There was evidence that, on the day the offenses were alleged to have been committed, certain police officers, certain federal prohibition officers, and the sheriff, with a search warrant, went into a house having two rooms and only two windows, which a witness referred to as an “old shack,” that stood down by the river, four miles from Logansport, near a quarry, and in the first room they entered found appellant beside a table, with a man, from a fishing camp not far away, and a woman also, at the table, and a bottle nearly full of intoxicating liquor upon it; that appellant sprang to his feet as the officers entered; that in the room where he was a still was in operation with a fire under it, and 15 or 20 feet away through an open door in the other room, another still was also in operation, both making whisky; that appellant had on a suit of old clothes, and after his...

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5 practice notes
  • Kestler v. State, No. 28346.
    • United States
    • Indiana Supreme Court of Indiana
    • April 6, 1949
    ...evidence and the inferences which may reasonably be drawn therefrom as tend to support and sustain the verdict. Tutsbree v. State, 1925, 195 Ind. 581, 145 N.E. 490. The jury could have inferred that the appellant and his wife were not close together at the time of the shooting and the jury ......
  • Wolfa v. State, No. 24962.
    • United States
    • Indiana Supreme Court of Indiana
    • January 14, 1926
    ...inferences and conclusions to be drawn therefrom. Lee v. State, 191 Ind. 515, 132 N. E. 582; [150 N.E. 99]Tutsbree v. State (Ind. Sup.) 145 N. E. 490;Hall v. State, 193 Ind. 355, 139 N. E. 588;Winter v. State (Ind. Sup.) 145 N. E. 567. This prosecution is brought under section 1 of chapter ......
  • Clodfelder v. State, No. 25033.
    • United States
    • Indiana Supreme Court of Indiana
    • May 20, 1926
    ...sustains the inference of defendant's guilt drawn by the jury. Small v. State, 190 Ind. 406, 408, 130 N. E. 401;Tutsbree v. State, 195 Ind. 581, 583, 145 N. E. 490;Wolfa v. State (Ind. Sup.) 150 N. E. 98. [3] There was evidence that in the spring of 1921 Mrs. Jessie Bond sold defendant an e......
  • Pritchett v. State, No. 24574.
    • United States
    • Indiana Supreme Court of Indiana
    • November 20, 1924
    ...a prosecution by affidavit at the term to which the recognizance runs, when the grand jury is not in session, as in other cases. If the [145 N.E. 490]record showed the facts to be as appellant contends, he waived any objection he might have had to appearing before the time fixed in said rec......
  • Request a trial to view additional results
5 cases
  • Kestler v. State, No. 28346.
    • United States
    • Indiana Supreme Court of Indiana
    • April 6, 1949
    ...evidence and the inferences which may reasonably be drawn therefrom as tend to support and sustain the verdict. Tutsbree v. State, 1925, 195 Ind. 581, 145 N.E. 490. The jury could have inferred that the appellant and his wife were not close together at the time of the shooting and the jury ......
  • Wolfa v. State, No. 24962.
    • United States
    • Indiana Supreme Court of Indiana
    • January 14, 1926
    ...inferences and conclusions to be drawn therefrom. Lee v. State, 191 Ind. 515, 132 N. E. 582; [150 N.E. 99]Tutsbree v. State (Ind. Sup.) 145 N. E. 490;Hall v. State, 193 Ind. 355, 139 N. E. 588;Winter v. State (Ind. Sup.) 145 N. E. 567. This prosecution is brought under section 1 of chapter ......
  • Clodfelder v. State, No. 25033.
    • United States
    • Indiana Supreme Court of Indiana
    • May 20, 1926
    ...sustains the inference of defendant's guilt drawn by the jury. Small v. State, 190 Ind. 406, 408, 130 N. E. 401;Tutsbree v. State, 195 Ind. 581, 583, 145 N. E. 490;Wolfa v. State (Ind. Sup.) 150 N. E. 98. [3] There was evidence that in the spring of 1921 Mrs. Jessie Bond sold defendant an e......
  • Pritchett v. State, No. 24574.
    • United States
    • Indiana Supreme Court of Indiana
    • November 20, 1924
    ...a prosecution by affidavit at the term to which the recognizance runs, when the grand jury is not in session, as in other cases. If the [145 N.E. 490]record showed the facts to be as appellant contends, he waived any objection he might have had to appearing before the time fixed in said rec......
  • Request a trial to view additional results

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