State v. Oliver
West Virginia Supreme Court
The facts of the case are stated in the opinion of the Court: The question in this case is : Does ch. 32, sec. 1 of the Code as amended by ch. 107 of Acts 1877 prohibiting the sale without a State license of “spirituous liquors, wine, porter, ale or beer, or any drink of a like nature,” prohibit the sale of intoxicating crab-cider without such a license ? The statute is not only a revenue measure, but also a law to provide as far as possible against the evil of intemperance.
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The facts of the case are stated in the opinion of the Court: The question in this case is : Does ch. 32, sec. 1 of the Code as amended by ch. 107 of Acts 1877 prohibiting the sale without a State license of “spirituous liquors, wine, porter, ale or beer, or any drink of a like nature,” prohibit the sale of intoxicating crab-cider without such a license ? The statute is not only a revenue measure, but also a law to provide as far as possible against the evil of intemperance. (Code, ch. 32, as amended by ch. 107 Acts of 1877.) The intent of sec. 1 was to require a license for the sale of all…
1Opinion of the Court
Woods, Judge:
L. B. Oliver was indicted in the circuit court of Kanawha county, for selling in that county, without a State license therefor, “spirituous liquors, wine, porter, ale, beer, and drinks of like nature” against the • peace, &c. To this indictment the defendant pleaded not guilty, and neither party requiring a jury, by consent of parties the cause was tried by the court in lieu of a. jury, and having heard the evidence and argument of counsel, the court found the defendant guilty, who thereupon and before judgment, moved the court to arrestthe judgment, and to set aside its finding,…
2Cases cited6 opinions
- Rau v. . People of the State of N.Y.New York Court of Appeals · 1875
- State v. . PackerSupreme Court of North Carolina · 1879
- Commonwealth v. BlosMassachusetts Supreme Judicial Court · 1874
- State v. PrestonSupreme Court of Vermont · 1875
- State v. StarrSupreme Judicial Court of Maine · 1877
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3Cited by11 opinions
- Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
- Pennell v. StateWisconsin Supreme Court · 1909
- Allred v. StateSupreme Court of Alabama · 1889
- State v. HemrichWashington Supreme Court · 1916
- Monroe Cider Vinegar & Fruit Co. v. RiordanCourt of Appeals for the Second Circuit · 1922
6 more not listed; retrieve them via the Exa API.