Legal Opinion

People v. Hickman

Michigan Supreme Court

Decided March 13, 1911No. Docket No. 179PublishedCited by 3 opinions

Exceptions before sentence from Jackson; Parkinson, J. Sylvester Hickman was convicted of violating the local-option law. The local-option law is in force in Jackson county. Respondent was arrested, charged with violating the law, in that he kept a place where intoxicating liquors were sold, stored for sale, and furnished, he not being a druggist or pharmacist; and in that, during a period of time set out, he kept intoxicating liquors for sale at the place described.

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Exceptions before sentence from Jackson; Parkinson, J. Sylvester Hickman was convicted of violating the local-option law. The local-option law is in force in Jackson county. Respondent was arrested, charged with violating the law, in that he kept a place where intoxicating liquors were sold, stored for sale, and furnished, he not being a druggist or pharmacist; and in that, during a period of time set out, he kept intoxicating liquors for sale at the place described. He waived examination and was held for trial at the circuit. The information which was filed contained two counts, upon the…

1Opinion of the CourtOstrander, C. J.

{after stating the facts). The court erred in refusing to direct a verdict when the people had rested. There had been introduced no testimony tending to prove that respondent kept a place where intoxicating liquors were sold, stored for sale, or furnished. The court was in error in saying to the jury that one bottle of beer, partly emptied, was found there. This was conceded by counsel for the people, and the statement was corrected. The fact that beer was found on the premises, and the fact that more than a year previously respondent had kept a saloon on the same premises, is not evidence…

2Cases cited2 opinions

  1. People v. AdamsMichigan Supreme Court · 1893
  2. People v. KinneyMichigan Supreme Court · 1900

3Cited by3 opinions

  1. People v. EmmonsMichigan Supreme Court · 1913
  2. People v. BullockMichigan Supreme Court · 1912
  3. People v. AdlerMichigan Supreme Court · 1912

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