State v. Centennial Brewing Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Cownty; J. J. Lynch, Judge. The Centennial Brewing Company was convicted of a violation of the prohibition law, in selling malt liquor containing less than two per cent of alcohol, and appeals from the judgment of conviction.
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Appeal from District Court, Silver Bow Cownty; J. J. Lynch, Judge. The Centennial Brewing Company was convicted of a violation of the prohibition law, in selling malt liquor containing less than two per cent of alcohol, and appeals from the judgment of conviction. The argument of the state is that the qualifying phrase, “which contains as much as two per centum of alcohol measured by volume, etc.,” relates only to the clause immediately preceding; that it is only “any liquor or liquid, whether medicated or not, etc.,” containing less than two per cent of alcohol that does not fall within the…
1Opinion of the CourtJustice Holloway
This appeal by the Centennial Brewing Company from a judgment of conviction of a violation of the prohibition law presents for decision the question: Is it a criminal offense in this state to sell malt liquor which contains less than two per centum of alcohol measured by volume ?
At the general election held in November, 1916, the people, by direct vote, adopted a statute called familiarly the prohibition law. By its terms, any person who manufactures, sells, exchanges, barters, gives or disposes of any ardent spirits or any compound thereof capable of use as a beverage, or any ale, beer, wine…
2Cases cited8 opinions
- Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
- Sarlls v. United StatesSupreme Court of the United States · 1894
- Jay v. School District No. 1Montana Supreme Court · 1900
- Ex Parte HunnicuttCourt of Criminal Appeals of Oklahoma · 1912
- City of Traverse City v. Township of BlairMichigan Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State Ex Rel. Palagi v. ReganMontana Supreme Court · 1942
- State v. ArmstrongNew Mexico Supreme Court · 1924
- Albert v. United StatesCourt of Appeals for the Sixth Circuit · 1922
- Goodell v. Judith Basin CountyMontana Supreme Court · 1924
- State ex rel. Hinz v. MoodyMontana Supreme Court · 1924
22 more not listed; retrieve them via the Exa API.