185 Ind. 51 | Ind. | 1915
— Appellant was convicted of tbe offense of keeping wbat is known as a “blind tiger,”
4. 3. 5. It is insisted by appellee that this evidence is competent to show intent or motive on the part of appellant. This is the rule where the intent with which the act is committed constitutes the gravamen of the offense. Greer v. State (1876), 53 Ind. 420. But in a charge of the unlawful keeping of a place where intoxicating liquors are sold or given away, intent will be inferred from the act and no intent need be shown. Hood v. State (1877), 56 Ind. 263, 275, 26 Am. Rep. 21; Marmont v. State (1874), 48 Ind. 21, 31. Under any view we may take of the evidence, its admission was erroneous. Where improper evidence has been interposed, it will be presumed to be harmful, unless the contrary is made to appear. Miller v. State, supra; Porter v. State, supra.
By reason of the error in admitting the record of conviction f.or nuisance, the judgment is reversed.
Note. — Reported in 110 N. E. 212. See under (1) 12 Cye 917; 24 Cye 326. Admissibility of evidence of other crimes, note, 62 L. R. A. 194; 105 Am. St. 977; 12 Cye 405; 40 Cye 2769, 2270.