179 Ind. 248 | Ind. | 1913
Appellants were jointly indicted by the grand jury of Grant County, Indiana, upon the charge of keeping and operating a place where intoxicating liquors were sold, bartered or given away and with being found in possession of such liquors for such purposes in violation of §8351 Burns 1908, Acts 1907 p. 689. Upon a plea of not guilty, appellants were tried by a jury and convicted. The court overruled motions for a new trial and rendered judgment on the verdict. The only error assigned in this court is overruling appellants’ motions for a new trial.
The indictment, omitting formal parts, charged: “that Jerome Schoemaker and John Herring, late of said county, on or about the 16th day of January, 1912, and on diverse other days both before and after said day, at the county of Grant and state of Indiana, did then and there unlawfully keep, run and operate a place where intoxicating liquors, were then and there sold, bartered and given away in violation of the laws of the State of Indiana, and was then and there found in possession of intoxicating liquors, to wit: whiskey and beer, which was then and there being kept by the said Jerome Schoemaker and John Herring, for the purpose of being sold, bartered and given away in violation of the laws of the State of Indiana, being then and there contrary to the form of the statute in such cases made and provided and against the peace and dignity of the State of Indiana”. The part of §8351 Burns 1908, supra, upon which this indictment is based, reads: “* * * any person who shall keep, run or operate a place where intoxicating liquors are sold, bartered or given away in violation of the laws of the
There was sufficient evidence to support the verdict. Judgment is affirmed.
Note.—Reported in 100 N. E. 753. See, also, (1) 22 Cyc. 449; (2) 23 Cyc. 274. As to what sales of intoxicating liquors are unlawful, see 12 Am. St. 353.