Indiana cigarette laws not go to supreme court (no Hemingray info)

CIGARETTE CASES

TO GO NO HIGHER

Acquittal of Stanley in Police

Court Is Final so Far as He

Is Concerned.

NO TEST LIKELY TO FOLLOW

Appeal From Conviction on Part

of Defendant May Put Law

at Issue.

Since the acquittal in Police Court of William Stanley on a charge of having in his possession cigarette papers there has arisen a difference of opinion among law­yers as to whether or not the State can appeal the case with a view to securing ultimately a ruling of the Supreme Court on the cigarette law. Some lawyers con­tend that Ira Holmes, Police Court Prose­cutor, can take an appeal to the Criminal Court, while others say that he can not. Mr. Holmes is among those believing an appeal can not be taken.

It is the opinion of one of Attorney Gen­eral Miller's assistants that no appeal can be taken by the State from an adverse de­cision in the Police Court. In any event Stanley will not be affected, he having been acquitted once of the charge.

Had Stanley been tried in the Criminal Court and acquitted, the County Prosecu­tor then could appeal to the Supreme Court from the ruling or judgment in the Criminal Court, for the purpose of secur­ing the higher court's ruling on the law. But in this case, as in the case of the Po­lice Court, Stanley himself would no longer figure in the proceedings.

APPEAL FROM ELSEWHERE.

Owing to the construction that Police Judge Thomas C. Whallon puts on the anti-cigarette law it is likely that an ap­peal will come from some county in which there has been a conviction. There are no barriers to prevent a defendant's ap­peal to the Criminal Courts from a de­cision in a minor court, or from a Crimi­nal Court to the Supreme Court.

It is said on good authority that the Tobacco Trust intends to test the constitutionality of the law very soon, and will be the factor behind a test case that will be pushed thorugh [sic] through the courts.