People v. Miller

Upon appeal to the county court the defendant in error was tried for the violation of a city ordinance of the town of Lamar, which prohibited the sale of intoxicating liquors. By an instruction he was found not guilty. The people upon the relation of the town bring the case here for review upon error.

It stands admitted that at the time of the alleged sale, and all times .since, the town of Lamar was anti-saloon territory by reason of the result of an election authorized by general sections 4094-41 n, Revised Statutes, 1908, commonly known as the Local Option Act. These facts were the reason…