State v. Nerbovig
Supreme Court of Minnesota
Defendant was prosecuted before a justice of the peace of Ohippewa county on a complaint, subscribed and sworn to before the justice, and charging “that on the 4th day of July, A. D. 1884, at Milan, town of Krageri, in said county, Neis Nerbovig did unlawfully sell and barter spirituous, vinous, fermented and malt liquors in less quantity than five gallons at one time without first having obtained a license therefor from the county commissioners of said Chippewa county,…
Read the full summary
Defendant was prosecuted before a justice of the peace of Ohippewa county on a complaint, subscribed and sworn to before the justice, and charging “that on the 4th day of July, A. D. 1884, at Milan, town of Krageri, in said county, Neis Nerbovig did unlawfully sell and barter spirituous, vinous, fermented and malt liquors in less quantity than five gallons at one time without first having obtained a license therefor from the county commissioners of said Chippewa county, Minnesota, against the form of the statute,” etc. Having been convicted and sentenced he appealed, on questions of law…
1Opinion of the CourtGilpillan, C. J.
There is nothing in the point that the complaint charges two offences. It charges the selling only of beer, which it describes as either “a fermented or malt liquor.” Only one act is charged. And it sufficiently charges that it was without license. It alleges the act to have been done without having first obtained a license therefor from the county commissioners, which could not be true if he had obtained a license from the hoard of county commissioners. The allegation necessarily negatives a license from the board, and perhaps goes beyond that.
It appears that the justice examined the…
2Cited by6 opinions
- State ex rel. Stundahl v. RichardsonSupreme Court of Minnesota · 1885
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894
- People v. CoffmanMichigan Supreme Court · 1886
- Hughes v. ThorntonSupreme Court of Minnesota · 1923
- Raftery Ex Rel. Huie Fong v. BlighCourt of Appeals for the First Circuit · 1932
1 more not listed; retrieve them via the Exa API.