188 Ind. 463 | Ind. | 1919
— This was a prosecution by affidavit commenced in the city court of the city of Indianapolis under §8356d Burns’ Supp. 1918, §4, chapter 4, Acts 1917 p. 15, which resulted in a trial and finding in such city court of guilty as charged. The appellant appealed to the criminal court of Marion county, and was there tried by the court without a jury, and found guilty as to count two of said affidavit, and judgment was rendered on such finding that appellant make his fine to the State of Indiana in the sum of $100 and costs, and be imprisoned in the Marion county jail for a term of thirty days, and from such judgment appellant appeals, and assigns as error: (1) The court erred in overruling appellant’s motion to quash the second count of the affidavit. (2) The court erred in overruling appellant’s motion for a new trial.
The affidavit was in five counts and the appellant moved, in the Marion Criminal Court, to quash each
The appellant is wrong in his construction of the language used. This count of the affidavit unequivocally states that the defendant, John Schulmeyer, in the city of Indianapolis, in Marion county, in the State of Indiana, did then and there unlawfully keep intoxicating liquor, to wit, whisky, gin, wine and beer, with intent then and there to sell, barter, exchange, give away, furnish and otherwise dispose of the same. The material allegations of this count of the affidavit are in the language of the statute and are sufficient. Davis v. State (1885), 100 Ind. 154; State v. Stout (1887), 112 Ind.
As causes for a new trial appellant’s motion alleges: First, the finding of the court is contrary to law; second, the finding of the court is not sustained by sufficient evidence. The appellant contends that the finding of the court is not sustained by sufficient evidence, because he claims that the police, when they arrested the defendant, did not find any whisky or intoxicating liquor in his possession, and that the evidence relating to the possession of such intoxicating liquor is wholly circumstantial and insufficient.
The evidence is amply sufficient to sustain the finding of the Marion Criminal Court. No error appearing in the record, the judgment is affirmed.
Note. — Reported in 124 N. E. 49Q.