Legal Opinion

Noecker v. People

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 11 opinions

Writ of Error to the Circuit Court of Piatt county; the Hon. C. B. Smith, Judge, presiding. The proof in this case shows that the defendant sold whisky and other liquors to various parties upon the prescriptions of physicians, the defendant or clerk retaining the prescriptions, and that he also sold the same for culinary purposes to one Frank Ater three times, the liquor being used for that purpose.

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Writ of Error to the Circuit Court of Piatt county; the Hon. C. B. Smith, Judge, presiding. The proof in this case shows that the defendant sold whisky and other liquors to various parties upon the prescriptions of physicians, the defendant or clerk retaining the prescriptions, and that he also sold the same for culinary purposes to one Frank Ater three times, the liquor being used for that purpose. James Glass testified he bought intoxicating liquor of the defendant twice for medical use. “ He was my family physician and prescribed it for me.” The defendant testified that he never sold any…

1Opinion of the CourtJustice Scott

Plaintiff in error was indicted for selling intoxicating liquors in a less quantity than one gallon, and on the trial was found guilty and sentenced to pay six several fines, amounting in the aggregate to $120.

The second section of the “ Dram-shop ” act makes it unlawful for any person not having a license to keep a dram-shop, to sell intoxicating liquors for any purpose, in a less quantity than one gallon, or in any quantity to be drank on the premises or in or upon any place adjacent thereto. It is not claimed that defendant had any license to keep a “ dram-shop,” or any permit from the…

2Cited by11 opinions

  1. Kettles v. PeopleIllinois Supreme Court · 1906
  2. People v. HandzikIllinois Supreme Court · 1951
  3. Bell v. StateCourt of Criminal Appeals of Texas · 1911
  4. Whitelaw Furniture Co. v. BoonTennessee Supreme Court · 1899
  5. People v. NedrowAppellate Court of Illinois · 1885

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