Legal Opinion · Dissent

Walters v. State

Indiana Supreme Court

Decided October 6, 1910No. 21,661Published

From Spencer Circuit Court; Roscoe Kiper, Judge. Prosecution by the State of Indiana against Lindsay O. Walters. From a judgment of conviction, defendant appeals.

1Dissent

Dissenting Opinion.

Jordan, J.

I emphatically dissent from so much of the majority opinion in this case as upholds the doctrine as stated in Black, Intox. Liq. §370, namely: “It is held to be no defense to an indictment against the principal that the unlawful act was done without his knowledge or consent, or without his authority, or in his absence, or even that it was done in contravention of his express and tona fide ordei’s. ’ ’

The iixtroductory part of said section just quoted from is not set out in the majority opinion. If it had been, it would have fully disclosed that the author is…

2Cases cited25 opinions

  1. State v. HayesSupreme Court of Iowa · 1885
  2. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1891
  3. Molihan v. StateIndiana Supreme Court · 1868
  4. Groff v. StateIndiana Supreme Court · 1908
  5. Hipp v. StateIndiana Supreme Court · 1839

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API