188 Ind. 467 | Ind. | 1919
— Appellant was tried and convicted in the Delaware Circuit Court of the offense defined by §8351 Burns 1914, Acts 1907 p. 689, commonly known as the “Blind Tiger” Law. The indictment under which he was tried charged that he did unlawfully keep, run and operate a place where intoxicating liquors were then and there sold, bartered and given away in violation of law; and that he was found in the unlawful possession of intoxicating liquors kept for the purpose of being sold, bartered or given away in violation of jlaw.
On appeal four errors are assigned as cause for reversal, the fourth being that the court erred in overruling appellant’s motion for a new trial. The fourth error will be considered first.
In support of his motion for a new trial appellant asserts that the court erred in refusing to give instruction No. 12 tendered by him, and also that the verdict is not supported by sufficient evidence and is contrary to law. Other questions are presented by this motion which need not be set out or considered.
The place in which the intoxicating liquors were kept and sold, as shown by the evidence of the state, was located at 612% South Walnut street in Muncie, Indiana. The state’s evidence shows that there were five rooms on the second floor of the building, to which access was gained by means of a stairway. About half way up the stairway was a door, with a glass panel, which was
The judgment is reversed, with instructions to grant appellant’s motion for a new trial.
Note. — Reported in 124 N. E. 489. Circumstantial evidence: necessity of instruction, 69 L. R. A. 193, 12 L. R. A. (N. S.) 220, 97 Am. St. 789, 16 C. J. 1010. See under (1) Ann. Cas. 1913E 428, 16 C. J. 763.