People v. Adams

• Decision Date: 31 May 1893
• Citation: 55 N.W. 461,95 Mich. 541
• Court: Michigan Supreme Court
• Parties: PEOPLE v. ADAMS.

55 N.W. 461

95 Mich. 541

PEOPLE v. ADAMS.

Supreme Court of Michigan

May 31, 1893

Appeal from circuit court, Van Buren county; George M. Buck, Judge.

Irving Adams was convicted for selling fermented cider, in violation of the local option law, (Laws 1889, No. 207,) and appeals. Affirmed.

Mills Osborn & Cavanaugh, for appellant.

A. A Ellis, Atty. Gen., and Lincoln H. Titus, Pros. Atty., for the People.

McGRATH J.

Respondent was convicted for selling fermented cider, contrary to the provisions of a resolution adopted by the board of supervisors of the county of Van Buren in pursuance of the provisions of Act No. 207 of the Laws of 1889, and contrary to the provisions of said act. The information is good. The allegation that the sale was contrary to the provisions of the resolution adopted by the board of supervisors pursuant to the provisions of the act is a sufficient allegation that the act had been made, and is operative. It is not usually necessary in an information, in referring to a statute, to allege that the statute has taken effect, or has become or still is operative, and the reference in the present case is of the same nature. It is unnecessary to prove the promulgation of the adoption of the preamble and resolution. Section 17 of the act makes a certified transcript of the record of the preamble and resolution evidence that the provisions of the act are in full force. The jury were properly instructed that, if the cider sold was fermented, the deponent should be convicted. The statute prohibits the sale of fermented cider, and forecloses inquiry as to whether cider which is fermented is intoxicating, whatever the stage of fermentation. The sale was in December, and the proofs tended to show that the cider was fermented. To prove the former conviction, the judgment was introduced, which showed that, upon a plea of guilty respondent had been ordered to pay a fine of $100, and costs in the sum of $25, and, in default of payment of said sums to be confined in the common jail until such fine and costs were paid. It is insisted that the sentence is void, under Brownbridge v. People, 38 Mich. 751, and People v. Carroll, 44 Mich. 371, 6 N.W. 871. Act No. 207 provides that, "for the second and every subsequent offense so committed, he shall, upon conviction thereof," etc. Conceding the invalidity of the sentence and that under this statute a conviction of the first offense must be shown, ...