People v. Remus

• Decision Date: 16 July 1904
• Court: Michigan Supreme Court
• Parties: PEOPLE v. REMUS et al.

100 N.W. 403

135 Mich. 629

PEOPLE v. REMUS et al.

Supreme Court of Michigan

July 16, 1904

Additional opinion filed on the court's own motion.

For former opinion, see 98 N.W. 397.

INTOXICATING LIQUORS--ILLEGAL SALE--PROSECUTION--EVIDENCE--SUFFICIENCY.

1. Under Comp. Laws 1897, s 5429, providing that proof of a single sale of liquor, or the posting in any place of business of a United States revenue receipt permitting the manufacture or sale of liquors at the time or place alleged in the complaint or information, shall be presumptive evidence of such manufacture or sale or keeping a place where such liquor is manufactured or sold, proof of a single unlawful sale does not justify a conviction under an information charging that defendant kept a drug store for the unlawful sale of liquor.

CARPENTER, J.

The opinion filed in this case on the 16th of February last (98 N.W. 397) will be taken as authority for the proposition that proof of a single unlawful sale is sufficient evidence to justify a conviction for keeping a drug store for the unlawful sale of liquor. In deciding this case we did not have the advantage of an oral argument, nor was there any reply made to the brief of the prosecuting attorney. The case of Maynard v. Eaton Circuit Judge, 108 Mich. 201, 65 N.W. 760, hereinafter referred to, was overlooked both by the court and by counsel, and we were led--too hastily, we concede--to accept the argument of counsel that the conclusion above stated was justified by section 5429 of the Compiled Laws of 1897. We have re-examined the question--having on this re-examination the benefit of additional briefs--and are of the opinion that said conclusion was wrong; that it virtually overrules the decision of Maynard v. Eaton Circuit Judge, supra, and places a wrong construction upon said section 5429. We deem it our duty, therefore, upon our own motion, to take this early opportunity of correcting our error.

Section 5429, Comp. Laws 1897, reads as follows: 'Proof of a single sale of any one or more of the liquors or beverages mentioned in this act, or of the posting in any distillery brewery, saloon or other place of business of a United States revenue receipt permitting the manufacture or sale of any one or more of the liquors or beverages mentioned in this act, at the time and place alleged in the complaint or information shall be presumptive evidence of such manufacture, sale keeping for sale,...