State v. Ives

Julius J. Olson, Justice.

Defendant was convicted of violating an ordinance “prohibiting the sale of nonintoxicating malt liquor without a license,” usually referred to as the 3.2 beer ordinance, and sentenced to a workhouse term as fixed by the ordinance. His motion for new trial being denied, he appeals from both the order and judgment.

As a basis for reversal defendant claims that the penalty clause in the ordinance goes beyond the authority granted to the city council by the Minneapolis home rule charter (c. IV, § 6), which provides:

“The City Council may impose punishment for the breach of…