State v. Pitzer

The opinion of the court was delivered by

Brewer, J.:

This is an appeal by the state from a ruling of the district court quashing an indictment. The indictment was for selling liquor without a license, and charged the selling “without taking out or then having a license as grocer, dramshop-keeper, or tavern-keeper.” The point made was, that in the city of Ottawa, a city of the second class, where the selling was charged to have been done, the defendant might lawfully sell liquor under a license in form as for keeping a saloon, or simply for the sale of liquor, and that as this was not negatived…