Hedges v. Titus

The appellee, who held a license to vend intoxicating liquors under the act of 1859, was prosecuted for having, on the xoth day of March, 1873, sold intoxicating liquor to a person who was in the habit of getting intoxicated.

By obtaining a writ of habeas corpus, the appellee presented the question to the circuit court, whether he was liable to the provisions and penalties of the act of February 27th, 1873. Acts 1873, p. 151. The court decided that he was not, and he was accordingly discharged from custody and arrest.

In the case of Lehritter v. The State, 42 Ind. 482, the court said : “We…