State v. Pence
Indiana Supreme Court
Prom ITenry Circuit Court; J. W. Macy, Special Judge. Prosecution by The State of Indiana against William M. Pence. Prom a judgment for defendant, the State appeals.
1Opinion of the CourtMontgomery, C. J.
Appellee, a druggist, was charged by indictment, in two counts, with having made a sale of whisky *100without license. The first count alleged that the sale was not made for medicinal, industrial or scientific purposes, and the second, that the purchaser was not a person known to appellee not to he in the habit of using liquors as a beverage. The State’s demurrer to a plea in abatement of the indictment was overruled, and, the State declining to plead further, appellee was discharged.
The correctness of the ruling upon demurrer is the only question presented for our decision.
1
The plea in abatement…
2Cases cited26 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Adams v. New YorkSupreme Court of the United States · 1904
- People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
- State v. GardnerSupreme Court of Minnesota · 1902
- Fahnestock v. StateIndiana Supreme Court · 1885
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kelley v. StateIndiana Supreme Court · 1933
- Ross v. StateIndiana Supreme Court · 2000
- State Ex Rel. Pollard v. Criminal Ct. of Marion Cty.Indiana Supreme Court · 1975
- Conrad v. StateIndiana Court of Appeals · 2001
- Atkinson v. StateIndiana Supreme Court · 1920
21 more not listed; retrieve them via the Exa API.