State v. Downs

This was a charge of vending spirits in violation of the act of 1853. Motion to quash sustained. The state appeals.

B. Reilly, for the state.

The affidavit is in this form: Tames Wilson swears that he buys his liquor by the gallon from Samuel Downs, but takes it away by the quart. He has bought from said Downs two gallons, which he took away at six different times, and there is still due witness one quart of the last, gallon. He pays said Downs forty cents per gallon for the spirituous liquor. This he has purchased from said Downs since the approval of the liquor law of March 4th,. 1853, and…