Anderson v. Van Buren Circuit Judge

• Decision Date: 03 June 1902
• Court: Michigan Supreme Court
• Parties: ANDERSON, Pros. Atty., v. VAN BUREN CIRCUIT JUDGE.

90 N.W. 694

130 Mich. 695

ANDERSON, Pros. Atty., v. VAN BUREN CIRCUIT JUDGE.

Supreme Court of Michigan

June 3, 1902

Application by David Anderson, prosecuting attorney, for mandamus to compel the Van Buren circuit judge to try a prosecution for violation of the local option law. Writ denied.

David Anderson, for relator.

Thomas J. Cavanaugh and Hammond & Hammond, for respondent.

HOOKER C.J.

An information was filed against one Goodrode charging him with a violation of what is known as the 'Local Option Law,' as amended by Act No. 183 of the Public Acts of 1899. The following is a copy of the substance of the information: 'He, the said Jesse E. Goodrode, being then and there a druggist, whose business consisted in part in the sale of drugs and medicines, did then and there sell, furnish, and deliver a certain quantity of malt brewed, fermented, and intoxicating liquors, to wit, one bottle of beer, to one George Lannin, the said malt, brewed fermented, and intoxicating liquor, to wit, said one bottle of beer, so sold, furnished, and delivered by the said Jesse E. Goodrode to the said George Lannin at the township of South Haven, and in the county aforesaid, not being then an there sold, furnished, and delivered under and in compliance with the requirements and restrictions imposed upon druggists and registered pharmacists by the general laws of the state of Michigan, but said malt, brewed, fermented, and intoxicating liquor, to wit, said one bottle of beer, then and there so sold, furnished, and delivered by the said Jesse E. Goodrode to the said George Lannin, then and there so sold, furnished, and delivered contrary to the provisions of a certain resolution adopted by the board of supervisors of the county of Van Buren, state of Michigan, on the 4th day of March, 1890, in pursuance of the provisions of Act No. 207 of the Public Acts of the State of Michigan for the Year 1889 the aforesaid selling, furnishing, and delivering of said malt, brewed, fermented, and intoxicating liquor having been then and there done as aforesaid by the said Jesse E Goodrode in violation of and contrary to the provisions of said Act No. 207 of the Public Acts of the State of Michigan for the Year 1889 and the acts amendatory thereto, and contrary to the form,' etc. Upon arraignment a motion was made on the defendant's behalf that the information be quashed on the ground that it charged no offense within the language...