Carmack v. State

Citations

• 22 Ohio C.C. Dec. 55

Syllabus

<p>ERROR — INTOXICATING LIQUORS — NEW TRIAL.</p> <p>1. In Liquor Prosecutions Complaint Need not Allege that Case is not One of the Exceptions.</p> <p>In prosecution for violation of the county local option law making sale of intoxicating liquors unlawful, it is not necessary that the complaint allege that the alleged sale was not one of the exceptions mentioned in that statute, nor is it necessary to prove it; such matter is defense and must be established as such.</p> <p>2. Continuance of Trial over Thirty Days under Sec. 17 of 98 O. L. 12 within Discretion of Trial Court.</p> <p>In a prosecution which comes within the principles of Sec. 17 of 98 O. L. 12, Gen. Code 13243 (R. S. 4364-30zd), under the last part -of said section a discretion is given the trial judge to continue the case beyond the thirtieth day, and so doing will not deprive such court of jurisdiction.</p> <p>3. To Bring Sale of Liqtíor within Exceptions, Sale Must be Made in Good Faith.</p> <p>In the sale of liquor in “dry” territory to bring the transaction within the exception in the criminal statute making sale for pharmaceutical purposes lawful the sale must have been made in good faith by the seller and merely keeping a book with a statement that it is used for pharmaceutical purposes, which purchaser signs does not relieve the requirement of good faith.</p> <p>[Syllabus approved by the court.]</p>