Love v. State

The plaintiff in error has appealed from a conviction on a charge that he “unlawfully did engage in the sale” of tobacco “at retail, without securing from the Commissioner of Finance and Taxation a license to engage in said retail sale,” etc. This offense is defined and made a misdemeanor by the Code of 1932, sections 1226, 1240.

Testimony of witnesses for the state that the plaintiff in error was operating a restaurant, open for business, with cigarettes and other manufactured tobacco displayed in a showcase, without having obtained a license as required by said Code sections, justified the…