Nation v. District of Columbia
Court of Appeals for the D.C. Circuit
In error to the Police Court of the District of Columbia. ■ The Coubt in the opinion stated the facts as follows: This case is before us on a writ of error granted to review a judgment of the police court.
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In error to the Police Court of the District of Columbia. ■ The Coubt in the opinion stated the facts as follows: This case is before us on a writ of error granted to review a judgment of the police court. An information filed in - the-.police-court by the corporation counsel charged Carry Nation with wilfully breaking and destroying “certain bottles containing intoxicating liquors, the property of . the Washington Terminal Company,” in violation of the act of Congress approved July 29, 1892, and amended April 21, 1906. Defendant moved to quash the information on the following grounds: 1. The…
1Opinion of the CourtChief Justice Shepard
The questions raised by the special -plea, the demurrer to which admits the specific allegation that the intoxicating liquors which were destroyed were kept and offered for sale without a license, may be briefly disposed of.
Intoxicating liquors, whether exposed for sale unlawfully or not, are property in the District of Columbia, and cannot be taken or destroyed save by due process of law. Assuming for the sake of the argument, that the keeping for sale without license. constitutes a public nuisance as well as an offense, the fact affords neither justification nor excuse for their destruction…
2Cited by5 opinions
- United States v. BerriganDistrict Court, D. Maryland · 1968
- District of Columbia v. MoyerCourt of Appeals for the D.C. Circuit · 1937
- 2447 Good Hope Road, Inc. v. District of Columbia Alcoholic Beverage Control BoardDistrict of Columbia Court of Appeals · 1972
- District of Columbia v. Mark GrimesCourt of Appeals for the D.C. Circuit · 1968
- District of Columbia v. Mark GrimesCourt of Appeals for the D.C. Circuit · 1968