Legal Opinion

Franklin v. State

Court of Appeals of Maryland

Decided July 20, 1858PublishedCited by 69 opinions

Error to the Circuit Court for Anne Arundel count}'. The plaintiff in error was indicted for a violation of the act of 1858, ch. 55, passed on the 17th of February 1858, entitled “An act to prohibit the sale of intoxicating liquors in the city of Annapolis, or within five miles thereof to minors and people of color.”

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Error to the Circuit Court for Anne Arundel count}'. The plaintiff in error was indicted for a violation of the act of 1858, ch. 55, passed on the 17th of February 1858, entitled “An act to prohibit the sale of intoxicating liquors in the city of Annapolis, or within five miles thereof to minors and people of color.” The 1st section of this law enacts, “That from and after the first day of April next, it shall not be lawful for any person or persons, whether licensed to sell spirituous liquors or not, to sell, dispose of, barter, or give, within the corporate limits of the city of Annapolis,…

1Opinion of the Court 1

Le Grand, C. J.,

delivered the following opinion.

Many questions were argued at the bar not important, to be decided, nor indeed presented by tiro record. Sut, looking to the policy of the act of 1858, ch. 55, and the reasonable anxiety of the community upon which it is to operate, to ascertain by judicial interpretation its true meaning, i will express my opinion in regard to some matters not absolutely necessary to the decision of this particular case. I do this because I believe the public have the right to expect it of the appellate court, and, also, because if, will subserve the general…

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2Cases cited2 opinions

  1. State v. NutwellCourt of Appeals of Maryland · 1843
  2. Rawlings v. StateCourt of Appeals of Maryland · 1852

3Cited by69 opinions

  1. Giles v. StateCourt of Appeals of Maryland · 1962
  2. Stevenson v. StateCourt of Appeals of Maryland · 1980
  3. State v. MainSupreme Court of Connecticut · 1897
  4. In re StateCourt of Appeals of Maryland · 1880
  5. Beard v. StateCourt of Appeals of Maryland · 1889

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