Legal Opinion · Dissent

State v. Ito

Supreme Court of Minnesota

Decided May 26, 1911No. Nos. 17,104 — (15)Published

Defendant was convicted in the municipal court of Minneapolis of the offense of selling intoxicating liquor without a license. From the judgment of conviction, Waite, J., defendant appealed.

1Dissent

Brown and Bunn, JJ.

(dissenting).

We are unable to concur in the conclusion arrived, at by the court in this case. The evidence, the whole of which is set out in the opinion of the court, in our opinion is insufficient to sustain the charge that defendant sold the liquor to the detectives. Defendant was a mere clerk, or waiter, and the testimony furnishes no suggestion or intimation that he owned or had any interest in the liquor furnished, or was interested as proprietor or otherwise in the restaurant. When requested to furnish the beer, he expressly informed the officers that he would have…

2Cases cited10 opinions

  1. Morgan v. StateSupreme Court of Alabama · 1886
  2. State v. Johnston.Supreme Court of North Carolina · 1905
  3. Reese v. City of NewnanSupreme Court of Georgia · 1904
  4. Campbell v. StateSupreme Court of Alabama · 1885
  5. Dale v. StateSupreme Court of Arkansas · 1909

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