Capritz v. State
Court of Appeals of Maryland
This case is brought by writ of error from Allegany county court. The plaintiff in error was indicted for selling beer, ale, brandy, &c., on the sabbath day.
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This case is brought by writ of error from Allegany county court. The plaintiff in error was indicted for selling beer, ale, brandy, &c., on the sabbath day. The indictment charged that on the 16th February 1851, at the county aforesaid, on the sabbath day, -commonly called Sunday, he, the said Capritz, then and there being a regularly licensed ordinary keeper, unlawfully exposed for sale, and then and there did sell spirituous and fermented liquors, to wit; brandy, whiskey, rum, wine, beer, ale, porter and cider, contrary to the form of the act of Assembly in such case made and provided, and…
1Opinion of the Court
The opinion of the court was delivered by
Le Grand, C. J.
This case comes before us on a writ of error. The plaintiff in error was indicted in Allegany county court for a violation of the act of 1847, ch. 193.
*574The indictment-does not mention the name of the person to whom the liquor was sold, but merely avers, that “he, the said James Capritz, then and there being a regular licensed ordinary keeper, unlawfully exposed for sale, and then and there did sell spirituous liquors, to wit t brandy,” &c.
In such an indictment, time is immaterial, that is to say, the particular Sunday is immaterial, If…
2Cases cited1 opinion
- State v. NutwellCourt of Appeals of Maryland · 1843
3Cited by13 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Cohen v. StateCourt of Appeals of Maryland · 1937
- Harwood v. MarshallCourt of Appeals of Maryland · 1856
- Fehringer v. PeopleSupreme Court of Colorado · 1915
- Spielman v. StateCourt of Appeals of Maryland · 1867
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