Layton v. State

This was a prosecution on affidavit and information, against the appellant, under the tenth section of the liquor law of February 27th, 1873, Acts 1873, p. 151.

*230The affidavit charges a sale made after nine o’clock in the-evening, but it does not allege that the liquor was sold to be-drunk on the premises where it was sold. Amotion to quash the affidavit and information was made and overruled in the circuit court. According to the opinion of a majority of the court in Morris v. The State, 47 Ind. 503, the motion should have been sustained.

The judgment is reversed, and the cause remanded, with…