De Tarr v. State
Indiana Court of Appeals
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
- Deal v. StateIndiana Supreme Court · 1895
- State ex rel. Harrison v. MenaughIndiana Supreme Court · 1898
- Hooper v. StateIndiana Supreme Court · 1877
- Nixon v. StateIndiana Supreme Court · 1881
- Ball v. StateIndiana Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. GriffinIndiana Supreme Court · 1948
- Hamilton v. StateIndiana Supreme Court · 1934
- Bohannan v. BohannanIndiana Court of Appeals · 1960
- Arnold v. StateIndiana Court of Appeals · 1974
- Lytle v. StateIndiana Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.