183 Ind. 298 | Ind. | 1915
— Appellant, a licensed druggist, was tried and convicted on a charge of unlawfully selling intoxicating liquors. He appeals. The affidavit on which the prosecution is based alleges “that on the 13th day of September, 1913, at the county of Steuben, in the state of Indiana, one Erman Shank who Avas then and there a pharmacist, did then and there unlawfully sell unto Dick Johnson intoxicating liquor, to wit, one pint of whiskey, which sale was not upon the written prescription of a reputable physician in active practice of his profession. ’ ’
At the close of the evidence, the court instructed the jury that “This affidavit is based upon Section 8352 of the Revised Statutes of Indiana, which reads as follows: ‘ It shall be lawful for any druggist or physician to sell vinous or snirituous liquors in quantities not less than a quart, at a time for medicinal, industrial or scientific purposes, and for no other purposes, and then only upon the written (not printed or typewritten) prescription of a reputable physician in active practice, or upon the written and signed application of any other person who is personally known to such druggist or pharmacist and who is by him known not to be a person in the habit of using intoxicating liquors as a beverage, such person stating therein that such liquor is desired and will be used for medicinal, scientific or educational purposes only, and upon making such sale such druggist shall endorse in writing on such application a statement that in his opinion such liquor is desired for the purposes last above stated, and for no other purposes whateAer; or upon the written and signed application of the superintendent of any hospital or educational institution where such liquor is used solely for medicinal or scientific purposes; and in no case shall any liquor sold hereunder be permitted by such drug
We may concede that the evidence given, at the trial was meagre on some of the issues involved hut we can not say that it is insufficient to sustain the verdict. Judgment affirmed.
Note. — Reported in 108 N. E. 521. As to repeal of statute by Implication, see 14 Am. Dec. 209; 88 Am. St. 271. See, also, under (1) 36 Cye. 1077; (2) 36 Cyc. 1077, 1071; (3) 36 Cyc. 1086; (4) 36 Cyc. 1073; (5) 12 Cyc. 930; (6) 12 Cyc. 866: