Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana (Volume 4) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893. Excerpt: ... Howell v. The State. objection is without merit. It is shown by the record that the indictment was returned " by the grand jury of Morgan county, Indiana, into open court." In the indictment the grand jury is styled "the grand jury of the county of Morgan." It is impossible to doubt that the Morgan county thus named is the identical " Morgan county" named in the caption of the indictment, and which is there shown to be a county in the State of Indiana. Morgan county, Indiana, was the county in which the grand jury and court were sitting, and the offence committed is in the body of the indictment laid "in the county of" Morgan, in the State of Indiana." No question has been raised but that the grand jury' possessed all the statutory qualifications. That the caption, or margin, of an indictment may be "looked to in determining questions of this kind we cite: Evarts v. State, 48 Ind. 422; Long v. State, 56 Ind. 133; State v. Beebe, 83 Ind. 171; State v. Lane, 4 Ired. 113; State v. Jordan, 12 Tex. 205; Commonwealth v. Quin, 5 Gray, 478; State v. Wentworth, 37 N. H. 196; Moore Criminal Law (2d ed.), section 46 and notes; 1 Bishop Criminal Procedure (3d ed.), section 383; sections 1755, 1756, R. S. 1881. It is further claimed by appellant's counsel that the words, "he, the said Thomas Howell, not then and there having a license under the State law to sell intoxicating liquors," do not constitute a sufficient negation or denial of the appellant's right to sell intoxicating liquors as charged. The indictment is based upon the following statute: "Any person not being licensed according to the provisions of this act, who shall sell or barter, directly or indirectly, any spirituous, vinous or malt liquors in a less quantity than a quart at a time, or who shall sell...