Cake v. District of Columbia
Court of Appeals for the D.C. Circuit
In Eeeoe to the Police Court of the District of Columbia. The Court in the opinion stated the facts as follows: This ease comes here on writ of error from the police court of the District of Columbia. The plaintiff in error, Horace M. Cake, was convicted of the crime of unlawfully selling intoxicating liquor on Sunday.
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In Eeeoe to the Police Court of the District of Columbia. The Court in the opinion stated the facts as follows: This ease comes here on writ of error from the police court of the District of Columbia. The plaintiff in error, Horace M. Cake, was convicted of the crime of unlawfully selling intoxicating liquor on Sunday. The information reads as follows: “James L. Pugh, Jr., Esq., assistant corporation counsel, who, for the said District of Columbia, prosecutes in this behalf in his proper person, comes here into court, and causes the court to be informed, and complains, that Horace M. Cake,…
1Opinion of the CourtJustice Van Oesdel
We are of the opinion that the mere bringing of the register from the hotel office down into the café, and the signing of the same by the witnesses, was not sufficient to make them bona fide registered guests of the hotel. This is not a new device conceived by hotel keepers for evading the enforcement of liquor laws. It has frequently been adopted by hotel keepers and others, and has heen generally discountenanced by the courts. The courts frown upon any trick, artifice, or subterfuge devised for the evasion of the provisions of a criminal statute. Especially is this true in relation to…
2Cases cited5 opinions
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- In re the Petition of CullinanAppellate Division of the Supreme Court of the State of New York · 1904
- Commonwealth v. ReganMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. HaganMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1887
3Cited by1 opinion
- Milton Blakemore v. John B. Coleman, D/B/A the Fairfax and the Jockey ClubCourt of Appeals for the D.C. Circuit · 1983