Legal Opinion · Dissent

State v. Oliver

West Virginia Supreme Court

Decided July 9, 1885Published

The facts of the case are stated in the opinion of the Court: The question in this case is : Does ch. 32, sec. 1 of the Code as amended by ch. 107 of Acts 1877 prohibiting the sale without a State license of “spirituous liquors, wine, porter, ale or beer, or any drink of a like nature,” prohibit the sale of intoxicating crab-cider without such a license ? The statute is not only a revenue measure, but also a law to provide as far as possible against the evil of intemperance.

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The facts of the case are stated in the opinion of the Court: The question in this case is : Does ch. 32, sec. 1 of the Code as amended by ch. 107 of Acts 1877 prohibiting the sale without a State license of “spirituous liquors, wine, porter, ale or beer, or any drink of a like nature,” prohibit the sale of intoxicating crab-cider without such a license ? The statute is not only a revenue measure, but also a law to provide as far as possible against the evil of intemperance. (Code, ch. 32, as amended by ch. 107 Acts of 1877.) The intent of sec. 1 was to require a license for the sale of all…

1DissentSnyder, Judge

I am unable to agree with either the reasoning or the conclusion of my brethren as contained in the preceding opinion. The controlling principle oí that opinion is, that the statute was not intended to regulate or restrict the sale of liquors or drinks because' they are intoxicating. It says, that the statute “lays no stress whatever upon the fact that any of the liquors mentioned or included in it * * are intoxicating; ” and declares that, “it is therefore wholly immaterial whether all or any of them are intoxicating or not.’’ This it seems to me, with all deference, is a plain and obvious…

2Cases cited6 opinions

  1. The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
  2. Godfreidson v. PeopleIllinois Supreme Court · 1878
  3. State v. StarrSupreme Judicial Court of Maine · 1877
  4. State v. ReynoldsSupreme Court of Vermont · 1875
  5. Commonwealth v. ChappelMassachusetts Supreme Judicial Court · 1874

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