Citation Numbers: 52 Mich. 582
Judges: Cooley, Other
Filed Date: 2/6/1884
Status: Precedential
Modified Date: 9/8/2022
The complaint in this case charges that “on the 12th day of March, A. H. 1883, at the township
The statute provides- “ that it shall not be lawful for any person except druggists to sell, furnish to, or give any spirituous, malt, brewed, fermented, or vinous liquors, or any beverage, liquor or liquids, containing any spirituous, malt, brewed, fermented, or vinous liquors, without first having executed and delivered to the county treasurer of the county in which such business is proposed fo be prosecuted or carried on, the bond required by section nine of this Act.” How: St. § 2270. The bond referred to is the bond required to be given by dealers, and approved by the proper public authorities. Another section imposes a penalty for the violation of the section above recited.
It is contended for the respondent-that the statute applies only to persons engaged in the sale of spirituous and other liquors as a business ; and that the complaint is fatally defective for not showing that the respondent was such a person. And further, that even if the complaint is sufficient the offense is not made out .without evidence that respondent was so engaged in business. This view of the statute was presented in the circuit court and was overruled.
We think the circuit court ruled correctly. The statute punishes single sales by those who have failed to give the required bond, and the offense is made out by proof of the sale and by the fact that the bond has not been given.
The conviction is affiftned.