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9 Neb. 189

Brown v. State

Nebraska Supreme Court

Decided July 15, 1879

Nebraska Supreme Court · decided 1879-07-15

It was an indictment charging Joseph Brown with having sold to one Cyrus Langworthy one pint of whiskey, without first having obtained a license therefor from the proper authorities. On the trial before Post, J., it was claimed by the defendant that at or about the time of the selling, the purchaser stated that he wanted the whiskey for medical purposes, and not as a beverage.

Cited by 2 later decisions — most recently December 1908

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-07-15

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Lake, J.

¶1The question brought here by this record for decision is, -whether a druggist is within the operation of oür general license law; in other words, whether a person engaged in the business of selling drugs and medicines is at liberty to retail intoxicating liquors without first procuring the ordinary license to do so ?

¶2The statute by which we must be governed in the *191decision of this question after providing for licensing the vending of such liquors at retail, and how and from whom the license may be obtained, further provides as follows: “Any person who shall vend, or retail, or, for the purpose of avoiding the provisions of this chapter, give away, upon any pretext, malt, spirituous, or vinous liquors, or any intoxicating drink, without having first complied with the provisions of this chapter and obtained a license as herein set forth, shall for each offense be deemed guilty of a misdemeanor,” etc. Gen. Stat., 854.

¶3This language is general, and comprehends all persons whomsoever, no matter what their particular calling or business may happen to be. None are exempted from its operation. It applies to him who deals in drugs just as clearly as it does to the keeper of a boarding house, a saloon, a restaurant, or a hotel. The legislature not having signified their intention to make an exception in favor of the defendant’s business, the courts certainly cannot do so.

¶4The ruling of the district court having been in conformity with these views, its judgment must be affirmed.

¶5Judgment affirmed.

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