Legal Opinion

De Tarr v. State

Indiana Court of Appeals

Decided February 13, 1906No. 5,863PublishedCited by 8 opinions

From Pike Circuit Court; E. A. Ely, Judge. Prosecution by the State of Indiana against David De Tarr. From a judgment of conviction, defendant appeals.

1Opinion of the Court

Wiley, J.-

Appellant is a druggist, and was prosecuted and convicted for selling intoxicating liquor in less quantity than a quart without the written prescription of a “reputable practicing physician.”

Overruling his motion for a new trial is the only error assigned.

1. The reasons for a new trial are: (1) That the decision is not sustained by sufficient evidence; (2) that the decision is contrary to law. Under the statute (subd. 9, §1911 Burns 1901, §1842 R. S. 1881), insufficiency of the evidence is not a ground for a new trial in a criminal case. Huffman v. State (1899), 21 Ind. App. 449, 69…

2Cases cited11 opinions

  1. Deal v. StateIndiana Supreme Court · 1895
  2. State ex rel. Harrison v. MenaughIndiana Supreme Court · 1898
  3. Hooper v. StateIndiana Supreme Court · 1877
  4. Nixon v. StateIndiana Supreme Court · 1881
  5. Ball v. StateIndiana Supreme Court · 1875

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. GriffinIndiana Supreme Court · 1948
  2. Hamilton v. StateIndiana Supreme Court · 1934
  3. Bohannan v. BohannanIndiana Court of Appeals · 1960
  4. Arnold v. StateIndiana Court of Appeals · 1974
  5. Lytle v. StateIndiana Supreme Court · 1920

3 more not listed; retrieve them via the Exa API.

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