State v. Barbee

This is an indictment, found at the December term, 1851, of the Marion Circuit Court, against Sampson Barbee, for retailing a spirituous liquor in a less quantity than a quart, without license. It is based upon section 93, p. 979, of the R. S. 1843, which enacts that every person who shall so retail any spirituous liquor shall be fined. The indictment was quashed in the Circuit Court, on the ground that the section of the statutes above referred to, was local in its operation, and hence was abrogated by the new constitution, adopted in August, 1851.

It is admitted that said section was general…