Legal Opinion

United States v. Giller

U.S. Circuit Court for the District of Western Missouri

Decided April 5, 1892PublishedCited by 8 opinions

At Law. Trial of an Indictment against Jolm G-iller for selling malt liquors without the payment of a license tax. Verdict of guilty. Statement by PHILIPS, District Judge: This case was submitted to the court, without the intervention of a jury, on the following agreed statement of facts: Defendant, at all times mentioned in the information, was an officer of the Bavarian Benevolent Society, a benevolent association duly incorporated under the laws of the state of Missouri.

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At Law. Trial of an Indictment against Jolm G-iller for selling malt liquors without the payment of a license tax. Verdict of guilty. Statement by PHILIPS, District Judge: This case was submitted to the court, without the intervention of a jury, on the following agreed statement of facts: Defendant, at all times mentioned in the information, was an officer of the Bavarian Benevolent Society, a benevolent association duly incorporated under the laws of the state of Missouri. That among the objects of said society is the cultivation of social intercourse and friendship among Bavarian…

1Opinion of the Court

PHILIPS, ‘District Judge,

(after stating the facts.) The statute defines a “retail dealer in malt liquors” as follows:

*658“Every person who sells, or offers for sale, malt liquors, in less quantities than five gallons at one time, but who does not deal in spirituous liquors, shall be regarded as a retail dealer hi malt liquors." 1 Supp. Rev. St (2d Ed.) p. 229, § 18.

The only exceptions, exempting a party making a sale from the license tax, as a retailer, are specified in section 4, same volume, amending section 3244, Rev. St,, a,s follows: Where the liquors have been received by the vendor as…

2Cases cited2 opinions

  1. United States v. RoligerDistrict Court, S.D. Illinois · 1882
  2. United States v. WoodsU.S. Circuit Court for the District of Northern Ohio · 1878

3Cited by8 opinions

  1. Heath v. United StatesCourt of Appeals for the Tenth Circuit · 1948
  2. One 1941 Buick Sedan, Motor Number 64286106 v. United StatesCourt of Appeals for the Tenth Circuit · 1946
  3. Manning v. City of CanonSupreme Court of Colorado · 1909
  4. United States v. Alexis ClubDistrict Court, E.D. Pennsylvania · 1899
  5. United States v. Mirror Lake Golf and Country Club, Inc.District Court, W.D. Missouri · 1964

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