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State v. Clark

State v. Clark, 3 Ind. 451 (1852)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 22, 1852
Judges
Blackford
Citations
3 Ind. 451
Headnotes
The charge in an indictment was as follows: That the defendant, on, <fcc., at, &o., unlawfully sold to one J. W. a quantity of spiritual liquors by retail, less than a quart, to-wit, one half-pint of spirituous liquor, for five cents in money, he, the defendant, not being licensed to vend spiritual liquors by retail; contrary, <Ssc. Held, that the indictment was not bad for using the word spiritual instead of spirituous.
Summary
ERROR to the Boone 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 — Blackford

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Blackford, J. —

This was an indictment, which, on the defendant’s motion, was quashed by the Circuit Court.

The charge in the indictment is as follows: That the defendant, on, &c., at, &c., unlawfully sold to one James Wysong a quantity of spiritual liquors by retail, less than *452 a quart, to-wit, one half-pint of spirituous liquors for five cents in money, he, the defendant, not being licensed to vend spiritual liquors by retail; contrary to the statute, &c.

A. J. Boone, for the state.

The only objection made to the indictment is, the use in it of the word spiritual instead of spirituous. That the grand jury, by the words spiritual liquors, meant spirituous liquors, there can be no doubt. The indictment, indeed, expressly says so; for, after charging the unlawful sale of spiritual liquors, it says, to-wit, one half-pint of spirituous liquors, &c. It has been held that an indictment charging that the defendant did feloniously stal, take, and carry away one watch, &c., was not bad merely because the word stal was used instead of the word steal. Wills v. The State, 4 Blackf, 457.

We think the objection made to the present indictment should have been overruled.

Per Curiam .

The judgment is reversed with costs. Cause remanded, &c.

How later courts describe this case

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

1925: 11995: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Pence v. State652 N.E.2d 486 (Ind. 1995)
  2. Cantu v. State276 S.W. 432 (Tex. Crim. App. 1925) · Concurrence

Most recent

  1. Pence v. State652 N.E.2d 486 (Ind. 1995)
  2. Cantu v. State276 S.W. 432 (Tex. Crim. App. 1925) · Concurrence

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.

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