186 Ind. 248 | Ind. | 1917
On October 30, 1915, by indictment, appellee was charged with having violated what is known as the “Corrupt Practices Act,” as defined by §7111d Burns 1914, Acts 1913 p. 489.
Appellee’s motion to quash the indictment was sustained, and from a judgment discharging appellee the state appeals. The indictment, in substance, charges that The Terre Haute Brewing Company, a private corporation, did make a contribution of $200 to William Murphy Draper to promote the success of a principle to be voted on at a special election, commonly called a local option election, held in Curry township, Sullivan county, Indiana, on May 28, 1915, in accordance with the law of the State of Indiana governing such elections.
This indictment was drawn under §4 of the “Corrupt’ Practices Act,” approved March 3, 1911, as amended in 1913, (§3, Acts 1913 p. 489, §7111d, supra). Appellee insists, as it did in the trial court, that under this section of the act a corporation is not subject to indictment, nor is the allegéd offense within the definition of the particular statute. As to whether appellee could be guilty of any offense under this section, we are not concerned. The only question for decision is presented by the indictment and the motion to quash, and the answer depends upon whether or not the legislature in this section has expressly designated the crime for which appellee is indicted, as applicable to corporations, and fixed an appropriate penalty as a punishment.
Note. — Reported in 115 N. E. 772. See under (4) 36 Cyc 1187. Criminal law: (a) liability of a corporation for an act of misfeasance other than homicide, Ann. Cas. 1916 C 459; (b) jurisdiction over corporations, 133 Am. St. 774, 775.