Ferrell v. State

Indiana Supreme Court

Ferrell v. State

48 Ind. 118

DecidedNovember 15, 1874

StatusPublished

This text of 48 Ind. 118 (Ferrell v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferrell v. State, 48 Ind. 118 (Ind. 1874).

Pincite

Opinion

Worden, J.

Prosecution against the appellant for selling. [119]*119intoxicating liquor to a person in the habit of getting intoxicated. Trial by court and conviction.

The only question made is, whether the evidence sustains the conviction. We think it does not. It scarcely shows that the person to whom the liquor was sold was in the habit, at the time, of becoming intoxicated; but if it does, it repels the idea that the defendant either knew or had the means of knowing it.

The judgment is reversed, and the cause remanded for a new trial.

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Worden, J.

Prosecution against the appellant for selling. [119]*119intoxicating liquor to a person in the habit of getting intoxicated. Trial by court and conviction.

The only question made is, whether the evidence sustains the conviction. We think it does not. It scarcely shows that the person to whom the liquor was sold was in the habit, at the time, of becoming intoxicated; but if it does, it repels the idea that the defendant either knew or had the means of knowing it.

The judgment is reversed, and the cause remanded for a new trial.

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Bluebook (online)

48 Ind. 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrell-v-state-ind-1874.