STATE v. WINDY CITY FIREWORKS, INC.

No. 25A03-9205-CR-162.

600 N.E.2d 555 (1992)

STATE of Indiana, Appellant-Plaintiff below, v. WINDY CITY FIREWORKS, INC., Appellee-Defendant below.

Court of Appeals of Indiana, Third District.

September 28, 1992.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Richard A. Brown, Pros. Atty., Rochester, for appellant.

Alan D. Burke, Rosemary Higgins Burke, Burke Law Office, Rochester, John H. Brooke, McClellan, McClellan, Brooke & Arnold, Muncie, for amicus curiae Ind. Fireworks Dealers Ass'n.


STATON, Judge.

The State of Indiana brings an appeal pursuant to IND. CODE 35-38-4-2(4) following the acquittal of Windy City Fireworks, Inc. upon seven of eight counts for Unlawful Retail Sale of Fireworks.1 The State presents two (restated) issues for our review:

I. Whether a resident fireworks wholesaler may, pursuant to IND. CODE 22-11-14-4, lawfully sell at retail fireworks not...

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