State v. Schmail
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Dodge county, Lord, J., presiding, affirming a judgment of a justice'of the peace, from which the defendant had appealed on questions of law alone. The prosecution was for selling liquor without a license, and in the sentence passed on the defendant in the district court, he was adjudged to pay a fine and the costs in both courts.
1Opinion of the CourtBerrt, J.
This is a criminal prosecution for selling, at the town of Dodge Centre, a quantity of spirituous liquor without a license, “against the form of the statute in such ■case made and provided.”
The prosecution was commenced before the village justice of the village, and upon an affidavit of prejudice, was transferred to a justice of an adjoining town. By section 13 of the •village charter (Sp. Laws 1874, a. 13,) it is enacted that “the 'village council shall have the exclusive right to license persons vending * * spirituous * * liquors within the limits of said village, and persons so licensed…
2Cited by6 opinions
- Bell v. StateCourt of Criminal Appeals of Texas · 1911
- State v. BachSupreme Court of Minnesota · 1886
- State v. PfeiferSupreme Court of Minnesota · 1879
- State Ex Rel. Plaster v. MaherSupreme Court of Minnesota · 1925
- State v. ByamOregon Supreme Court · 1893
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