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50 Tenn. 487

State v. Martin

Tennessee Supreme Court

Decided March 11, 1872

Tennessee Supreme Court · decided 1872-03-11

The defendant was convicted in the Circuit Court of Van Burén county, at the August Term, 1871, the charge being that she “did sell spirituous liquors in quantities of one quart, and in quantities, without having taken the oath and given the bond not to adulterate said liquors, as required by law.” Judgment was en-entered for fine and costs; but ~W. P. HickersoN, J., afterwards arrested the judgment.

Decided 1872-03-11

NiCHOLSON, C. J.,

¶1delivered the opinion, holding that it was error to arrest the judgment. The act of 1859-*48860, c. 81, s. 4, makes tlie sale of liquors without oath, &c., indictable. The act of 1867-8, c. 56, rejieals sec. 7 of the act of 1859-60, as to inspectors, but does not repeal the 4th section of that act.

¶2Judgment reversed, and remanded to the court below to execute the judgment entered.

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