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Wetzler v. State

Wetzler v. State, 18 Ind. 35 (1862)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 15, 1862
Citations
18 Ind. 35
Headnotes
To sustain an information for engaging in common labor ori Sunday, by selling unlawfully two gills of spiritous liquor, which were sold by the defendant’s agent in his bar-room, it should appear that the defendant was present, or had some knowledge of the selling when it was being done.
Summary
APPEAL from the Ripley Common Pleas.

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

Opinion of the Court

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

Per Curiam.

The information charges that Wetzler, “on the first day of the week, commonly called Sunday, being the 20th of January, 1861, &o., &c., was found at common labor, unlawfully, to-wit: selling three gills of spirituous liquor to one Green Durbin,” &e. The evidence shows that the liquor was sold in the defendant’s bar-room, by his bar-keeper; but there was no evidence tending to show that the defendant was present when the sale was made, or had any knowledge whatever of the selling when it was done. The evidence is plainly insufficient to sustain the conviction. Hipp v. The State, 5 Blackf. 144 .

The judgment is reversed with costs.

How later courts describe this case

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

1892: 11897: 11900: 11910: 118922026peak 1892 · 1

Relies on it most ⓘ

  1. State v. Kittelle15 S.E. 103 (N.C. 1892) · Dissent
  2. Walters v. State92 N.E. 537 (Ind. 1910) · Dissent
  3. Rosenbaum v. State57 N.E. 156 (Ind. Ct. App. 1900)
  4. State ex rel. Denney v. Leach46 N.E. 549 (Ind. Ct. App. 1897)

Most recent

  1. Walters v. State92 N.E. 537 (Ind. 1910) · Dissent
  2. Rosenbaum v. State57 N.E. 156 (Ind. Ct. App. 1900)
  3. State ex rel. Denney v. Leach46 N.E. 549 (Ind. Ct. App. 1897)
  4. State v. Kittelle15 S.E. 103 (N.C. 1892) · Dissent

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 1

DepthCaseCited by
State ex rel. Kinnison v. Lockwood, 5 Blackf. 144 (1839) 1

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