Legal Opinion

State v. Linder

Ohio Supreme Court

Decided June 25, 1907No. 10246Published

Exceptions by the Prosecuting Attorney to the judgment of the Court of Common Pleas of Erie county. The defendant was tried on complaint brought under favor of section 4364-25, Revised Statutes, the first count charging him with unlawfully keeping a place in the township of Groton, in the county of Erie, continuously between April 18, 1904, and April 18, 1906, where intoxicating liquors were then and there kept for sale, given and furnished as a beverage, the said place…

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Exceptions by the Prosecuting Attorney to the judgment of the Court of Common Pleas of Erie county. The defendant was tried on complaint brought under favor of section 4364-25, Revised Statutes, the first count charging him with unlawfully keeping a place in the township of Groton, in the county of Erie, continuously between April 18, 1904, and April 18, 1906, where intoxicating liquors were then and there kept for sale, given and furnished as a beverage, the said place being without the limits of any municipality, and the keeping of said place being then and there prohibited and unlawful.;…

1Opinion of the Court

Speaír, J.

Two exceptions are presented. One relates to alleged -incompetent evidence introduced by defendant, and the other to the charge of the court to. the jury.

1. The state having introduced evidence to the-effect that defendant had kept and had -given away intoxicating liquors at his place to divers persons, and had sold whisky tó be drank there to one William Ross, the defendant on his part offered evidence of divers witnesses to the effect that they had tried to buy liquor of the defendant and hie had refused to sell it to them. This testimony was objected to by the state, but the…

2Cases cited5 opinions

  1. Commonwealth v. BickumMassachusetts Supreme Judicial Court · 1891
  2. Archer v. StateCourt of Appeals of Maryland · 1876
  3. Commonwealth v. BarlowMassachusetts Supreme Judicial Court · 1867
  4. Corley v. StateSupreme Court of Georgia · 1891
  5. State v. DanforthSupreme Court of Vermont · 1890

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