34 Ind. App. 393 | Ind. Ct. App. | 1905
Appellees were indicted for maintaining a public nuisance. A motion to quash was sustained by the trial court, and from that ruling appellant appeals.
The indictment charges that the appellees, Harriet and James Tabler, on the 1st of August, 1902, at Harrison county, State of Indiana, near unto the dwelling and business houses of divers inhabitants of the town of CJorydon, in said county and State, unlawfully made, erected, set up and arranged, and did cause and procure to be made, ■ erected, arranged and set up, in a certain room and building in said town of Corvdon (describing the room and building), a certain partition, elevator, screens, curtains, revolving waiters, screen sash, blind door, blind window, paraphernalia and other devices for the purpose of unlawfully selling, bartering and giving away intoxicating liquors in less quantities than five gallons at a time, and for the purpose of con
The court erred in sustaining the motion to quash the indictment, and the record shows, notwithstanding the claim of the appellee to the contrary, that the State excepted, in substantial compliance with the law, to said action of the court.
The judgment is reversed, with instructions to overrule the motion to quash.
Robinson, P. J., Black, Wiley, Roby and Myers, ,JJ., concur.