Brutton v. State

It is charged that Brutton sold liquor without license. Motion to quash overruled. Tidal and judgment for the state.

It is objected to the information that it does not negative the exception in the first section of the act of 1853 as to the sale of liquor for sacramental, mechanical, chemical, medicinal and culinary purposes. The law in relation to exceptions in a statute is well settled. If the exception be contained in a subsequent clause or statute, it is matter of defence and need not be negatived in the information. Thus the statute of 1 Elizabeth, c. 2, punishing absence from church, the…