Caldwell v. State

Comstock, C. J. —

The appellant was prosecuted in the court below upon affidavit and information charging him with having sold intoxicating liquor in violation of section 2195, Burns’ R. S. 1894 (2099, R. S. 1881), which makes it an offense for “any druggist or druggist’s clerk to sell, * * * liquor on Sunday; * * * unless the person, to whom the same is sold, * * * shall háve first procured a written prescription therefor from some regularly practicing physician of the county.”

A motion to quash the affidavit and information was overruled and exception taken. There was a trial by jury,…