Jackson v. State

Indictment, at the August term, 1861, for “retailing a quantity of intoxicating liquor less than a quart, to-wit: one gill of wine, for five cents,” etc.

Motion to quash overruled. It is argued, that wine is not here alleged to be, nor is it, in fact, an intoxicating liquor.' The prosecution is under the statute of March 5, 1859, the second section of which declares, that “ intoxicating liquors,” as used in said act, shall apply to any spirituous, vinous, or malt liquor, etc.

But, it is urged, that the Legislature has no power to thus declare that to be intoxicating which is not so—and that…