State v. Lowenhaught

The defendant was presented for selling liquor by the quart, and in larger quantites, not to be drank on the premises, not having any special license so to do, in violation as is avowed, of the act of the Legislature, requiring wholesale liquor dealers to take out a license. The presentment was quashed by the circuit judge, and the State appealed.

The only question is, whether the act as charged,, is the subject of a criminal prosecution.

By the general revenue act of 1881, page 256, sec. 40, it is declared to be a privilege, among other things, to follow the occupation of a “liquor dealer,…