State v. Schroeder
Supreme Court of Minnesota
The' defendant was tried and convicted in the district court for Otter Tail county, before Baxter, J., on an indictment charging him with selling “intoxicating liquor, to wit,, beer, in greater quantities than five gallons — to wit,.one keg of beer, containing eight gallons— to one B. L. Bies, without first having obtained a license,’’.etc. The defendant moved in arrest of judgment.
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The' defendant was tried and convicted in the district court for Otter Tail county, before Baxter, J., on an indictment charging him with selling “intoxicating liquor, to wit,, beer, in greater quantities than five gallons — to wit,.one keg of beer, containing eight gallons— to one B. L. Bies, without first having obtained a license,’’.etc. The defendant moved in arrest of judgment. The. court was of opinion that the motion should be granted, but, without formally granting it, certified the case to this court.
1Opinion of the CourtGilfillan, C. J.
This case is entirely covered by the decision in State v. Schroeder, 43 Minn. 231, (45 N. W. Rep. 149.) While the primary purpose of the statute in respect to the sale of liquors is' to restrain sales to consumers and regulate drinking-places where liquors are sold and at once consumed, the only means adopted to effect that end is the prohibition of sales, without license, in quantities less than five gallons. The only test the statute makes of what is permitted and what prohibited to one without license is with respect to quantity. And, as said in the ease cited: “The necessity for first…
2Cases cited1 opinion
- State v. SchroederSupreme Court of Minnesota · 1890
3Cited by1 opinion
- State v. JohnsonSupreme Court of Minnesota · 1902