State v. Gaunt

The defendant was accused by the grand jury of Klamath County of selling spirituous liquors without a license, contrary to the statute in such cases made and provided. The case was argued here on the defend-4 ant’s demurrer to the indictment. The act, contrary to the provisions of which the defendant is alleged to have sold, is the act of February 17,1885, entitled, “An act to regulate the sale of spirituous liquors.” The act provided no penalty. Sections 726 and 753 of the Code of Criminal Procedure were, however, both relied on to sustain the conviction and sentence.

*116The act of February 17,…