191 Ind. 683 | Ind. | 1921
—The third count of the indictment on which appellant was found guilty, charged that he unlawfully kept intoxicating liquors with intent to sell, barter, exchange and give away the same, in violation of the laws of the State of Indiana. Appellant moved to quash this count of the indictment for the alleged reason among others, that it did not state facts sufficient to constitute a public offense, which motion was overruled. He filed a motion for a new trial for certain alleged reasons, among which were that the verdict was not sustained by sufficient evidence and was contrary to law, but this motion also was overruled. He then moved the court to discharge him from custody, which motion also was overruled. He then filed several other motions and written “objections,” each of which was overruled. He duly reserved an exception to each of
The record discloses that the charge on which appellant was convicted was a charge that the intoxicating liquor was kept with the unlawful intent, as stated, on November 17,1918, but that the said motions were made and overruled and the judgment of conviction was rendered on January 31, 1920, a few days after the Eighteenth Amendment of the Constitution of the United States took effect. National Prohibition Cases (1920), 253 U. S. 350, 384, 40 Sup. Ct. 486, 64 L. Ed. 946. And the only question presented for decision by appellant’s brief is whether or not the adoption of the said eighteenth amendment operated to repeal or annul the state law forbidding intoxicating liquor to be kept for purposes of sale, barter, exchange and gift. Acts 1917 p. 15, §4.- §8356d Bums’ Supp. 1918. See, Acts 1921 p. 736.
The first and second sections of that amendment read as follows: “(1) After one year from the ratification of this article the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into or the exportation thereof from the United States and all territories subject to the jurisdiction thereof for beverage purposes is hereby prohibited. (2) The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.”
We do not perceive anything in this amendment which can operate to repeal or affect a state statute forbidding traffic in intoxicating liquors and prescribing penalties for its violation. The question has been passed on many times by different courts, and all are unanimously of the same opinion,' so far as we have been able to discover. The earlier decisions to that effect reasoned the matter at great length, with copious citations of authorities, and we shall content ourselves with citing
There have been a few decisions to the effect that the state statutes then under consideration, or certain
The judgment is affirmed.
