178 Ind. 453 | Ind. | 1912
Appellant was charged by affidavit with violating §2446 Burns 1908, Acts 1907 p. 218, in that he “did then and there unlawfully distribute and cause to be distributed from house to house in said city [Indianapolis] a certain sample of medicine known as Wade’s System Cleanser, by handing to Glenn O. Dicks, a person over the age of sixteen years, at his residence in said city, ’ ’ etc.
The only error presented is on the motion for a new trial, on the ground that the finding of the court is contrary to law, and is not supported by sufficient evidence.
Appellant’s position is that the evidence does not make a case within the statute as a matter of construction of the statute, the specific point being that the statute does not forbid the distribution of samples of medicine to adult persons wherever they may be, but that the purpose and intent of the statute is to prevent the distribution of samples in yards and premises surrounding dwellings, and on porches and in houses, because of the possible injury to children and immature persons from thereby obtaining and taking such samples. It is argued that the addition of the clause, “or to give or cause to be given to any child under the age of sixteen years, any such sample of medicine,” shows the legislative intent to restrict the section to the protection of children, and that to hand the medicine to an adult in a house is not an offense; that it is not an offense to hand an adult medicine or a sample on the street, and hence impliedly it is
The strong tendency of legislation in recent years is to require that pure foods and medicines be furnished, and that medicines be administered by competent persons.
We perceive no objection to the act on any of the grounds urged against it, and the judgment is therefore affirmed.
Note.—Reported in 99 N. E. 730. See, also, under (1) 8 Cyc. 868; (2) 8 Cyc. 864; (3) 36 Cyc. 1113; (4) 8 Cyc. 1052.