126 Mich. 440 | Mich. | 1901
The defendant was convicted of the offense of carrying on the business of a retailer of liquor without having paid the special tax. The testimony on the trial showed numerous sales of beer, in quantities of 12 bottles or less, at various times and to various people, unless the transactions are to be treated as part
The instruction was too favorable to defendant. There was no hint in the testimony that any specific 18 quarts of beer were set apart for the purchaser, with the intent that the property in the beer should presently pass to the purchaser. The whole evidence is to the contrary. There was therefore a sale in quantities of less than one dozen quart bottles, within the meaning of section 5380, 2 Comp. Laws 1897. The question has been decided in other States under similar statutes, and, so far as we are advised, it has been uniformly held that the test is whether the property in the specific article in excess of the prescribed, amount passed at one time. Thomas v. State, 37 Miss. 353; State v. Poteet, 86 N. C. 612; State v. Kirkham, 23 N. C. 385; Richardson v. Com., 76 Va. 1007 (4 Am. Cr. Rep. 480). For a case noting the distinction, see State v. Bell, 47 N. C. 337.
Complaint is made of a ruling permitting names to be indorsed upon the information at the trial, shortly before the jury was sworn. The objection was that it was too late to permit the indorsement of names. No objection appears to have been made to the sufficiency of the showing by the prosecuting attorney. It was within the discretion of the circuit judge to permit the names to be. indorsed. People v. Baker, 112 Mich. 211 (70 N. W. 431).
Complaint is made of a statement made by the prose
No prejudicial error is discovered, and the conviction is affirmed.