Legal Opinion

State v. Osmers

Idaho Supreme Court

Decided December 23, 1911PublishedCited by 3 opinions

APPEAL from tbe District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. The defendant was convicted of selling pure alcohol upon the written application of the purchaser for medicinal purposes and sentenced to pay a fine of fifty dollars. The purpose of this act and of all similar legislation is to restrict the use of intoxicating liquors as beverages.

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APPEAL from tbe District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. The defendant was convicted of selling pure alcohol upon the written application of the purchaser for medicinal purposes and sentenced to pay a fine of fifty dollars. The purpose of this act and of all similar legislation is to restrict the use of intoxicating liquors as beverages. The interpretation which the state seeks to place upon this law does not further that purpose; it rather hinders it. It does not make pure alcohol more difficult to obtain for illicit purposes; it only…

1Opinion of the CourtSULLrIYAN, J.

This is an appeal from a judgment of conviction for selling one-half pint of pure alcohol for medicinal purposes on a written application of the purchaser and without a physician’s prescription therefor, and is presented on stipulated facts.

It is stipulated, among other things, that the defendant is a duly qualified druggist under the laws of this state and is the president and general manager of the Idaho Drug Company, and in charge of its retail and wholesale business carried on at Lewiston, Idaho; that on the 3d day of August, 1911, C. F. Hersey, a farmer, applied to defendant at said…

Also in this document: Concurrence.

2Cited by3 opinions

  1. Hall v. StateIndiana Supreme Court · 1928
  2. Chas. L. Joy & Co. v. CarlsonIdaho Supreme Court · 1916
  3. United States v. WilliamsDistrict Court, M.D. Pennsylvania · 1930

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