Torphy v. State
This text of 156 N.E. 925 (Torphy 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.
Opinion
Prosecution upon affidavit in one count, by which it was charged that appellant “did then and there unlawfully possess intoxicating liquor, contrary,” etc. The time of the commission of the alleged offense is pleaded as “on the-day of December, 1922.”
Appellant’s motion to quash the affidavit because the facts stated in the-charge do not constitute a public offense was overruled. Trial, verdict of guilty, and judgment. Motion for new trial overruled.
Only the alleged error predicated upon the overruling of the motion to quash the affidavit will be considered.
The offense charged is founded upon §1 of the amendatory act, ch. 250, Acts 1921 p. 736. By the authority of the decision upon the point raised in Crabbs v. State (1923), 193 Ind. 248, 139 N. E. 180, the motion to quash should have been sustained.
Judgment reversed, with instructions to sustain appellant’s motion to quash the affidavit.
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Cite This Page — Counsel Stack
156 N.E. 925, 200 Ind. 736, 1927 Ind. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torphy-v-state-ind-1927.