State v. Gurney
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J., presiding. The fourth section of statute of 1851, provides that, “if any person shall sell any spirituous or intoxicating liquor, in violation of this Act,’.’ he shall forfeit on the first conviction ten dollars and costs.
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On Report from Nisi Prius, Wells, J., presiding. The fourth section of statute of 1851, provides that, “if any person shall sell any spirituous or intoxicating liquor, in violation of this Act,’.’ he shall forfeit on the first conviction ten dollars and costs. The sixth section provides that, “ if any person shall claim an appeal from a judgment rendered against him, by any Judge or justice, on the trial of such action or complaint, he shall, before the appeal shall be allowed, recognize in the sum of one hundred dollars with two good and sufficient sureties, in every case so appealed, to…
1Opinion of the CourtWells, J.
— The respondent was charged in a complaint, made to the Judge of the Municipal Court of Saco, with a violation of the law by selling spirituous and intoxicating liquors. Upon conviction in the Municipal Court, he appealed, was tried by the jury and found guilty. He now moves, in arrest of judgment for two reasons. 1. Because the provisions of the Act, upon which said complaint is founded, are in conflict with the constitution of this State. 2. Because no legal sentence can be imposed by the Court.
By the constitution of this State, the Legislature “ shall have full power to make and establish…
2Cited by12 opinions
- State v. SklarSupreme Judicial Court of Maine · 1974
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- State v. AlbeeSupreme Court of New Hampshire · 1881
- Vetock v. HuffordWest Virginia Supreme Court · 1914
- State v. KeeganSupreme Judicial Court of Maine · 1972
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