State v. Guinness
| Decision Date | 04 January 1889 |
| Citation | 16 A. 910,16 R.I. 401 |
| Court | Rhode Island Supreme Court |
| Parties | STATE v. GUINNESS. |
Exceptions from court of common pleas, Providence county.
William Guinness, convicted of illegally keeping liquors for sale, brings exceptions.
Horatio Rogers, Atty. Gen., for the State. Hugh J. Carroll and Thomas McParlin, for defendant.
The complaint charges that at Pawtucket, on the 21st day of April, A. D. 1888, the defendant, "without lawful authority, did then and there keep and suffer to be kept on his premises, in his possession, and under his charge, ale, wines, rum, and other strong and malt and intoxicating liquors and mixed liquors, a part of which was ale, wines, rum, and other strong and malt and intoxicating liquors, and certain liquors and mixtures of liquors, containing more than two per cent., by weight, of alcohol, for the purpose of sale, against the statute," etc. The complaint was originally preferred in the district court of the Tenth judicial district, and came up on appeal to the court of common pleas. In the latter court the defendant moved to quash the complaint, alleging three grounds for the motion, to-wit: "First, the charge making liquors of more than two per cent. of alcohol, intoxicating, is unconstitutional; second, the warrant is written by the chief of police, and not by the clerk or justices of the court; third, the warrant does not allege that the goods were kept for sale within this state." The court quashed the motion, and the defendant excepted.
We suppose the first ground has reference to the part of section 1, Pub. Laws R. I. c. 596, of May 27, 1886, as amended by Pub. Laws E. I. c. 634, § 1, of May 4, 1887, which enacts that "wherever the words 'intoxicating liquors' shall be used in this act, it shall be decreed to include ale, wines, rum, or other strong or malt liquors, or any mixed liquors, a part of which is ale, wine, rum, or other strong or malt liquors, or any liquor or mixture of liquors which shall contain more than two per cent., by weight, of alcohol." These words do not purport to change the nature of things, and make liquors intoxicating which are not intoxicating, but simply enact that the words "intoxicating liquors," where used in the act, shall be deemed to include any liquor or mixture of liquors which shall contain more than two per cent., by weight, of alcohol, whether intoxicating or not. It may be that the legislature thought that the sale of such liquors would foster an appetite for stronger liquors, and should be stopped for that reason; or it may be that they thought that the establishment of such a percentage would make it easier to enforce the law, as a law to suppress the traffic in intoxicants, by making evasion more difficult. We think that in either...
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