DocketNumber: Docket No. 127
Citation Numbers: 204 Mich. 699
Judges: Bird, Brooke, Kuhn, Moore, Ostrander, Steere, Stone
Filed Date: 4/3/1919
Status: Precedential
Modified Date: 9/8/2022
Defendant was convicted under a complaint and warrant wherein it is charged that said defendant,—
“did then and there unlawfully possess within this State, to-wit, the State of Michigan, certain spirituous and intoxicating liquors, to-wit, one gallon of whiskey, said intoxicating liquors not being then and there so possessed for medicinal, chemical, mechanical, scientific or sacramental purposes.”
The evidence introduced makes it clear that the defendant was in possession of the liquor in question in his private house and that he had acquired such possession by purchase at a time prior to the first of May, 1918, when both purchase and possession were legal. At the conclusion of the trial a motion was made on behalf of the defendant for a directed verdict upon the ground that the information contains
The question here involved is ruled by our decision in People v. Marxhausen, ante, 559, to which reference is made for a discussion of the applicable law.
The judgment is reversed and the defendant is discharged.