178 Ind. 663 | Ind. | 1912
Appellant was found guilty on an affidavit charging him with keeping and operating a place where intoxicating liquors were sold, bartered or given away, in violation of §8351 Bums 1908, Acts 1907 p. 689. He pleaded not guilty. Trial by jury, finding appellant guilty as charged. On the overruling of a motion for a new trial, the court rendered judgment on the verdict. The only error relied on for a reversal is that the court erred in overruling appellant’s motion for a new trial.
Witnesses testified that they had bought drinks of whisky from appellant, and in quantities of pints and half-pints; that men who entered the drug store sober were seen coming away under the influence of liquor, and carrying with them bottles of beer; that loud talking and the dropping of bottles were frequently heard in the rear room of appellant’s drug store. Appellant insists that the above evidence was not sufficient to find him guilty of keeping a place where intoxicating liquors are sold, bartered or given away, in violation of the law.
Judgment affirmed.
Note.—Reported in 100 N. E. 9. See, also, under (1) 23 Cyc. 276; (2) 23 Cyc. 189.