Legal Opinion

Sturgeon v. State

Indiana Supreme Court

Decided July 9, 1819PublishedCited by 1 opinion

ERROR to the Crawford Circuit Court.; — Indictment for retailing spirituous liquors without license. Plea, not guilty. Verdict and judgment against the defendant below.

1Opinion of the CourtBlackford, J.

The statute of 1817, by authority of which this prosecution was instituted, declares, that for every offence against its provisions, the offender shall pay three dollars; and that all fines imposed by virtue of this act, shall be collected by justices of the peace, in the proper townships. Therefore, the offence charged was not indictable, and the Circuit Court had no jurisdiction of the case (1).

2Per curiam

The judgment is reversed.

Where a statute makes unlawful that which was lawful before, and appoints a specific remedy, that remedy must be pursued and no other. But if the offence were before…

3Cited by1 opinion

  1. State v. VirtIndiana Supreme Court · 1852

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