[Download] "State v. Morrisey" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Morrisey
- Author : Supreme Court of Montana
- Release Date : January 06, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Submitted December 6, 1948. 1. Intoxicating liquors — Section 11048.1 held repealed. Section 11048.1, purportedly penalizing the sale of intoxicating liquors to minors, was repealed by the later enactment of the State Liquor Control act providing a penalty different in kind and amount for the same offense. 2. Criminal law — District court has only appellate jurisdiction here. Under the Retail Liquor Dealers' License act, a licensee or his employee who sells or delivers intoxicating liquor to any minor under the age of 21 years is guilty of a misdemeanor and punishable by a fine not to exceed $500 or by imprisonment in the county jail not more than six months or by both, and of that crime the district court does not have original but only appellate jurisdiction. 3. Criminal law — Prosecution and sentence held improper here. Prosecution of the bartender of a club which held a retail liquor dealer's license for selling intoxicating liquor to a person under 21 and sentence in the district court under statute repealed by the State Liquor Control act were improper as a violation of the Retail Liquor Dealer's License act exclusively governing prosecutions for the sale of liquor to persons under 21 by a licensee or his employees.