People v. Minter

The defendant sold a pint of whiskey, and as he had no license, he stands convicted on the charge that, by the sale, he had exercised a privilege and performed an act which a person holding a license might exercise and perform under the authority of his license. In support of Ms appeal from the judgment of conviction the defendant argues that as the sale took place at an hour when a licensee could not legally make a sale, it follows that he had not done an act which a holder of a license might perform. He further contends that it was not proved that the bottle which he sold contained whiskey,…