Peters v. Eaton Circuit Judge
Michigan Supreme Court
Mandamus by Elmer N. Peters, prosecuting attorney, to compel Clement Smith, circuit judge of Eaton county, to vacate an order quashing an information.
Read the full summary
Mandamus by Elmer N. Peters, prosecuting attorney, to compel Clement Smith, circuit judge of Eaton county, to vacate an order quashing an information. Relator filed an information in the circuit court for the county of Eaton of which the following is the material part: “Fred H. Emery * * * on the 31st day of August, 1907, at the city of Charlotte, in said county, did sell, furnish and deliver to Ira Ball, certain spirituous, malt, brewed, fermented, vinous and intoxicating liquors, to wit, one bottle of beer to be used as a beverage. He, the said Fred H. Emery, being then and there a person…
1Opinion of the CourtCarpenter, J.
(after stating the facts). Under the laws of this State (2 Comp. Laws, § 5380) every person who sells liquor “ in quantities of three gallons or less, or one dozen quart bottles or less, at any one time,” is a retail liquor dealer, unless he has given the druggist’s bond prescribed by section 5381, 2 Comp. Laws, authorizing him to sell liquor for medicinal purposes. People v. Utley, 129 Mich. 628; People v. Wilcox, 152 Mich. 39. Emery, the respondent named in the information before us, is not charged with the offense of selling as a retail liquor dealer, nor could he be convicted of that…
2Cases cited4 opinions
- People v. CurtisMichigan Supreme Court · 1893
- People v. HinchmanMichigan Supreme Court · 1889
- People v. UtleyMichigan Supreme Court · 1902
- People v. WilcoxMichigan Supreme Court · 1908
3Cited by1 opinion
- Stewart v. Calhoun Circuit JudgeMichigan Supreme Court · 1909