Legal Opinion

Hamilton v. State

Indiana Supreme Court

Decided January 13, 1922No. 23,816PublishedCited by 3 opinions

From Marion Criminal Court (50,696); James A. Collins, Judge. Prosecution by the State of Indiana against James Hamilton. From a judgment of conviction, the defendant appeals.

1Opinion of the CourtWilloughby, J.

This was a proscution by the appellee against the appellant for an alleged violation of the Prohibition Law. The prosecution was upon an affidavit in five counts. The first count alleged the sale of whiskey, gin, wine and beer, and wood alcohol. The second, third, fourth and fifth counts of the affidavit alleged offenses only as to whiskey, gin, wine and beer.

There was no evidence whatever in the case as to any of these liquors, except wood alcohol, and the state does not claim appellants conviction upon either the second, third, fourth or fifth counts of the affidavit.

In appellee’s brief the…

2Cases cited5 opinions

  1. Commonwealth v. RamsdellMassachusetts Supreme Judicial Court · 1881
  2. Commonwealth v. LanidesMassachusetts Supreme Judicial Court · 1921
  3. Aronson v. SweeneyWashington Supreme Court · 1916
  4. State v. TakanoWashington Supreme Court · 1916
  5. Fabor v. GreenSupreme Court of Vermont · 1900

3Cited by3 opinions

  1. Powell v. StateCourt of Appeals of Maryland · 1941
  2. Hedges v. StateIndiana Supreme Court · 1924
  3. Hall v. StateIndiana Supreme Court · 1928

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