174 Ind. 752 | Ind. | 1910
Appellant was found guilty of keeping a place where intoxicating liquors were sold, bartered or given away, in violation of §8351 Burns 1908, Acts 1907 p. 689.
Numerous assignments of error are made, but the only one presented questions the sufficiency of the evidence to support the conviction. It appears from the bill of exceptions, that in December, 1906, at Bloomington, Indiana, appellant established a wholesale liquor business, and continued to carry on said business to the time of the grievances alleged against him. Prior to December, 1908, he had for a number
It is urged that the wholesaler’s tax receipt, supported by the positive testimony of appellant that he was doing a wholesale and not a retail business, under the state of the evidence, should have been accepted by the jury as conclusive of the fact. If the jury had had before it nothing but circumstantial evidence as against the positive testimony of appellant and the tax receipt, we would be unable to say the jury was not justified in finding appellant guilty as charged. Cotner v. State (1909), 173 Ind. 168. The significance — in a wholesale house — of a fully equipped bar, containing partly filled bottles of whisky and wine, bottled beer and pop in a bucket of water, whisky and beer glasses, a corkscrew, an ice-box, cigars on sale, card tables and players,
Judgment affirmed.