Legal Opinion

State v. Walker

Supreme Judicial Court of Maine

Decided July 15, 1839PublishedCited by 2 opinions

Exceptions from the Court of Common Pleas, Peiuiam J. presiding. The indictment, the license, and the instructions of the Judge to the jury appear in the opinion of this Court. Atkins &f Walker to whom license was granted, kept a store in one street attended by themselves, and also kept another store in another street attended by the respondent, Stephen Walker.

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Exceptions from the Court of Common Pleas, Peiuiam J. presiding. The indictment, the license, and the instructions of the Judge to the jury appear in the opinion of this Court. Atkins &f Walker to whom license was granted, kept a store in one street attended by themselves, and also kept another store in another street attended by the respondent, Stephen Walker. The counsel for Stephen Walker requested the Judge to instruct the jury: — 1. That if they believed the defendant to be the mere servant, or bar-keeper, under Atkins Sf Walker, the indictment could not be sustained. 2. That Atkins &…

1Opinion of the Court

*243The case was continued for advisement, and the opinion of the Court drawn up by

Emery J.

At the Court of Common Pleas, May Term, 1837, the defendant was indicted, for that on the 1st day of Feb. 1837, and on divers days and times from that day to the day of taking that inquisition at Bangor, he did presume to be and was a common seller of rum, gin, brandy and other strong liquors by retail, and in less quantities than twenty-eight gallons at a time, without being duly licensed according to law, or without any authority so to do, against the peace and contrary to the form of the statute, &c.…

2Cited by2 opinions

  1. Malkan v. City of ChicagoIllinois Supreme Court · 1905
  2. Jebeles Bros. v. StateSupreme Court of Alabama · 1897

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