Legal Opinion

Scott v. State

Indiana Supreme Court

Decided October 25, 1911No. 22,049PublishedCited by 26 opinions

Prom "Whitley Circuit Court; Luke H. Wrigley, Judge. Prosecution by The State of Indiana against Durant C. Scott. Prom a judgment of conviction, defendant appeals.

1Opinion of the CourtCox, J.

Appellant, who was a druggist, was convicted in the court below, after a trial by jury, of selling intoxicating liquor, in violation of §2 of the act of 1907 (Acts 1907 p. 689, §8352 Burns 1908).

Error is assigned on the action of the trial court in over*383ruling appellant’s motion to quash the indictment on which he was tried, and in overruling his motion for a new trial.

1. 2. The presumption is in favor of the regularity and legal correctness of the action of the trial court in its rulings on matters prior to, and during the progress of the trial, and therefore it is incumbent on appellant, who…

2Cases cited4 opinions

  1. Tongret v. CarlinIndiana Supreme Court · 1905
  2. Davis v. StateIndiana Supreme Court · 1879
  3. Thieme & Wagner Brewing Co. v. KesslerIndiana Court of Appeals · 1911
  4. Leventhal v. CramptonIndiana Court of Appeals · 1911

3Cited by26 opinions

  1. Zehrlaut v. StateIndiana Supreme Court · 1951
  2. Leach v. StateIndiana Supreme Court · 1912
  3. Hay v. StateIndiana Supreme Court · 1912
  4. Robinson v. StateIndiana Supreme Court · 1916
  5. Hansbrough v. StateIndiana Supreme Court · 1950

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