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Taylor v. State

Taylor v. State, 7 Blackf. 93 (1844)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 28, 1844
Judges
Dewet
Citations
7 Blackf. 931844 Ind. LEXIS 38
Headnotes
A person indicted for an offence created by statute, cannot be convicted after a repeal of the statute, unless the repealing statute contain a saving clause, &c.
Summary
ERROR to the Gibson Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dewet

Text extracted by OCR from a scanned original; check the original for exact wording.

Dewet, J.

— At the September term, 1842, of the Gibson Circuit Court, Taylor was indicted for selling tea without license. At the September term, 1843, he was tried and found guilty of the offence.

The indictment was founded upon the fifty-fifth section of the act respecting crime and punishment, by which it was enacted that every person who should vend merchandize, not the product of the United States, without license, &c., should be fined, &c.- R. S. 1838, p. 217. In January, 1843, the legislature repealed “so much of the act entitled ‘An act relative to crime and punishment,’ &c., as requires a license or permit to vend coffee, tea, or sugar.” Laws of 1843, p. 82.. If this clause has any meaning at all, it is a repeal of the statute against vending foreign'merchandize, so far as the enumerated articles are concerned; and as such repeal we view it. The defendant was, therefore, convicted after the repeal of the law creating the offence for which he was indicted. This was illegal. No principle is better settled, than that a conviction cannot take place after the repeal of a violated law, unless the repealing act contain a provision for that purpose. Such is not the fact in the present case.

Per Curiam.

— The judgment is reversed. Cause remanded, &c.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1848–1849: 11850–1851: 31854–1855: 11858–1859: 11872–1873: 21874–1875: 11896–1897: 11976–1977: 118482026peak 1850 · 3

Relies on it most ⓘ

  1. Langdon v. Applegate5 Ind. 327 (1854)
  2. Roush v. Morrison47 Ind. 414 (1874)
  3. State v. Hardman45 N.E. 345 (Ind. Ct. App. 1896)
  4. Joseph v. Burk46 Ind. 59 (1873)
  5. State v. Loyd2 Ind. 659 (1851)
  6. Sprigs v. State2 Ind. 75 (1850)

Most recent

  1. Wardlow v. State360 N.E.2d 851 (Ind. Ct. App. 1977)
  2. State v. Hardman45 N.E. 345 (Ind. Ct. App. 1896)
  3. Roush v. Morrison47 Ind. 414 (1874)
  4. Whitehurst v. State43 Ind. 473 (1873)
  5. Joseph v. Burk46 Ind. 59 (1873)
  6. Gaspar v. State11 Ind. 548 (1859)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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