58 P. 39 | Or. | 1899
delivered, the opinion of the court.
The defendant Fred Haines was indicted for the crime of selling intoxicating liquors in less quantities than one gallon, without a license, alleged to have been committed in Harney County, October 10, 1898, by unlawfully selling to Robert Irving one quart of whiskey. The defendant having pleaded not guilty, and waived a trial by jury, the cause was submitted upon a stipulation of facts to the effect that he sold the said intoxicating liquor at the time, in the manner, in the quantity, and to the person as alleged ; that said sale was made in the Town of Harney, which then was, and now is, a duly incorporated municipality ; that at the time so ch arged an ordinance of said town, having been duly passed and approved, was in full force and effect, providing for the granting of licenses, upon certain conditions, to sell intoxicating liquors therein in less quantities than one gallon, but at that time no ordinance had been passed prescribing the punishment of persons convicted of selling such liquors therein without a license ; and that no license had ever been issued by the common council of said town to the defendant. The court thereupon found the facts as hereinbefore stated, and, as a conclusion therefrom, that defendant was guilty as charged in the indictment, and sentenced him to pay a fine of $250, from which judgment he appeals, assigning as error the action of the court in refusing to find him not guilty upon the evidence submitted.
Reversed.