State v. Moore

This was an indictment for retailing port wine by small measure without license. The defendant moved the Court to quash the indictment. The motion was sustained ; and the state excepted.

The prosecution is founded upon that part of the act relative to crime and punishment, which forbids the sale “of spirituous liquor by a less quantity than a quart at a time ” without license. R. C. 1831, p. 192. That is a penal statute and must receive a strict construction. We are not at liberty to extend its meaning beyond its exact literal sense. Spirit is the name of an inflammable liquor produced by…