Legal Opinion

State v. Lemp

Supreme Court of Missouri

Decided March 15, 1852PublishedCited by 7 opinions

Appeal from St. Louis Criminal Court. The court did not err in sustaining the demurrer to the special plea of defendant. There is no provision in the law for the encouragement of home or domestic manufactures of this character, as assumed in the plea. The sale of intoxicating drinks is a matter of police regulation, and it is deemed useless to refer this court to authorities, to prove that the state has the power to license, tax, and suppress the sale of such commodities.

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Appeal from St. Louis Criminal Court. The court did not err in sustaining the demurrer to the special plea of defendant. There is no provision in the law for the encouragement of home or domestic manufactures of this character, as assumed in the plea. The sale of intoxicating drinks is a matter of police regulation, and it is deemed useless to refer this court to authorities, to prove that the state has the power to license, tax, and suppress the sale of such commodities. The first instruction given is correct. There is no exception in the law in favor of the manufacturer of intoxicating…

1Opinion of the CourtRyuaND, Judge

The defendant was indicted for selling without license, ale, beer, porter, rum, gin, brandy, whisky and wine in small quantities, one gill and one glass of each, in St. Louis county. *390He appeared, and filed bis special plea that be sold beer and ale only, and not tbe other liquors, and that tbe beer and ale were made by him in tbe city and county of St. Louis, within tbe state of Missouri, and not elsewhere. The. state demurred to this plea. Tbe Criminal Court sustained the demurrer, and required tbe defendant to answer oyer. He then plead not guilty. There was an issue on this plea, and…

2Cited by7 opinions

  1. State v. Parker Distilling Co.Supreme Court of Missouri · 1911
  2. State v. BixmanSupreme Court of Missouri · 1901
  3. Moreno v. StateCourt of Criminal Appeals of Texas · 1911
  4. State v. TeissedreSupreme Court of Kansas · 1883
  5. Moreno v. StateCourt of Criminal Appeals of Texas · 1911

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