Elliott v. State
Indiana Supreme Court
Appeal from Henry. cited Swighart v. State, 67 Ind. 287; Keiser v. Lewis, 57 Ind. 431, as to disqualification of jurors. cited as to bills of exception McGehee v. State, 52 Ala. 224; Busbee, N. C. 436; upon the point that a prisoner must exhaust his peremptory challenges before he can object to the qualifications of one whom he might have challenged. Brown v. State (present term); 9 Geiger, 184; 3 Humph. 315; 4 Humph. 278; 3 Heisk. 468; 5 S. C. 429; 10 Rich.
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Appeal from Henry. cited Swighart v. State, 67 Ind. 287; Keiser v. Lewis, 57 Ind. 431, as to disqualification of jurors. cited as to bills of exception McGehee v. State, 52 Ala. 224; Busbee, N. C. 436; upon the point that a prisoner must exhaust his peremptory challenges before he can object to the qualifications of one whom he might have challenged. Brown v. State (present term); 9 Geiger, 184; 3 Humph. 315; 4 Humph. 278; 3 Heisk. 468; 5 S. C. 429; 10 Rich. (S. C.) 356; 2 Dev. & B. (N. C.) 196; 6 Gal. 405; 41 Cal. 429; 99 U. S. 180; as to qualification of jurors; Guetig v. State, 66 Ind. 102.
1Opinion of the Court
Opinion of the Court by
Mr. Justice Woods.
The appellant, who was keeping a drag store, but had no license to sell intoxicating liquors in quantities less than a quart, was indicted, convicted and fined seventy dollars for a sale made in violation of the license law. The evidence is in the record, and no question is or can be made of the appellant’s guilt as charged ; but we are asked to reverse the judgment because, as is claimed, the fine is excessive, and because of alleged error of the court in overruling the peremptory challenge of the appellant to certain jurors.
The amount of the fine was…
2Cases cited10 opinions
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- Scranton v. StewartIndiana Supreme Court · 1875
- Coryell v. StoneIndiana Supreme Court · 1878
- Lohman v. . the PeopleNew York Court of Appeals · 1848
- Harvey v. MillionIndiana Supreme Court · 1879
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