State v. Wheeler
Supreme Court of Minnesota
The defendant having been indicted in the district court for Faribault county, under Gen. St. 1878, c. 16, for selling-spirituous and intoxicating liquor without license, demurred to the indictment. The demurrer was overruled by Die kin-son, J., who, at defendant’s request, certified the case to this court.
1Opinion of the CourtGilfillan, C. J.
Sp. Laws 1874, c. 7, incorporated the village of Winnebago City. The first subdivison of section 1, title 2, of the act authorizes the common council “to grant license, to regulate auctions and auctioneers, groceries, taverns, and all persons vending or dealing in spirituous, vinous or fermented liquors.” Section 6, title 3, provides: “The sale of intoxicating, spirituous, vinous, malt or fermented liquors, within the limits of said villagers hereby declared to be under the exclusive control of the common council of said village, and all fines imposed for violation of any ordinance regulating…
2Cases cited3 opinions
- State v. SchmailSupreme Court of Minnesota · 1879
- State v. FleckensteinSupreme Court of Minnesota · 1879
- State v. PfeiferSupreme Court of Minnesota · 1879