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120 Mich. 486

People v. Talbot

Michigan Supreme Court

Decided June 28, 1899

Michigan Supreme Court · decided 1899-06-28

Exceptions before judgment from Berrien; Coolidge, J. Timothy Talbot was convicted of keeping his saloon open on Sunday. Respondent was convicted of keeping a saloon open on Sunday. He lived over his saloon. There was a room back of the bar-room. From this room a pair of stairs led up to his living rooms. Swinging doors opened from this room into the saloon.

Cited by 3 later decisions — most recently October 1910

3 state decisions

Relies on People v. Schottey · People v. Bowkus

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1899-06-28

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Grant, C. J.

¶1(after stating the facts). 1. The second count* — the one upon which respondent was convicted — charged him with keeping a saloon, “the same being a place where spirituous, intoxicating, malt, brewed,' and fermented liquors were sold and kept for sale; such saloon not being a drug-store.” Objection was made to a conviction under this count, because it did not state that liquors were kept for sale either at wholesale or retail. The proposition deserves no discussion. The statute provides that all saloons where any such liquors are sold or kept for sale, either at wholesale or retail, shall be closed. It was not necessary to allege that the saloon was a wholesale or a retail one. The statute applies to either. The offense and punishment are the same.

¶22. The other defense is covered by previous decisions of this court. People v. Schottey, 116 Mich. 1; People v. Bowkus, 109 Mich. 360. The fact that the only entrance to his home was through this room is no defense.

¶3Conviction affirmed.

The other Justices concurred.
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