State v. Barnett
Indiana Supreme Court
From Marion Criminal Court; Fremont Alford, Judge. Moses Barnett was indicted for purchasing labeled bottles with intent to defraud the owner. From a judgment quashing the indictment the State appeals.
1Opinion of the CourtMonks, J.
— Appellee was indicted for having “bought 500 soda-water and mineral-water bottles, the property of one Patrick W. Ward, with-the intent then and there and thereby to defraud the owner” of said bottles, in violation of §5, Acts 1897, p. 316, §8680b Burns 1901. On motion of appellee the indictment was quashed and he was discharged from custody. The State claims that-the court sustained said motion to quash on the ground that said *434section, and the act of which it forms a part, were unconstitutional and void.
This appeal was taken under §8 of the act of 1901 (Acts 1901, p. 566, §1337h Burns…
2Cases cited2 opinions
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- State v. CunninghamIndiana Supreme Court · 1888
3Cited by1 opinion
- Bivins v. StateIndiana Supreme Court · 1995