State v. McGrew

. Baldwin. J.

The defendant was indicted under section 8, chapter 45 of the Act of 1855, for using a building for the purpose of selling intoxicating liquors therein, thereby creating and continuing a nuisance. To this indictment, defendant demurred, alleging as a cause for demurrer that there was no punishment fixed by said act for a violation of its provisions. The demurrer was overruled and from this ruling defendant appeals. The only question to bo determined in this case is whether, under the provisions of said section 8, when a'person has been found guilty, the court has the power to…