State v. Marion

• Decision Date: 05 June 1894
• Citation: 36 P. 1044,14 Mont. 458
• Parties: STATE v. MARION et al.
• Court: Montana Supreme Court

36 P. 1044

14 Mont. 458

STATE v. MARION et al.

Supreme Court of Montana

June 5, 1894

Appeal from district court, Silver Bow county; William O. Speer Judge.

Charles Marion and F. Barnett were convicted of the unlawful sale of liquor in a place where women were employed, and appeal. Affirmed.

George Haldorn and C. L. Campbell, for appellants.

M. L Wines and Henri J. Haskell, for the State.

PER CURIAM.

Appeal from judgment of conviction of selling intoxicating liquors in a place where women are employed and allowed to assemble for the purposes of the business therein carried on, under section 261, Cr. Laws (page 578, Comp. St.). Appellants' counsel insist that the indictment upon which the conviction was had charges two offenses, and is thereby void. The statute under which the indictment was drawn reads as follows: "That hereafter it shall be unlawful for any person or persons, company or corporation, to sell or dispose of any spirituous, vinous or malt liquors in any room, hall or other place where women or minors are employed or allowed to assemble for the purpose of the business therein carried on." Cr. Laws, § 261. The charging part of the indictment reads as follows: "That one Charles Marion and F. Barnett, late of the county of Silver Bow, state of Montana, on or about the 19th day of January, A. D. 1894, at the county of Silver Bow, in the state of Montana, did keep maintain, conduct, and carry on the business of selling and disposing of spirituous, vinous, and malt liquors, in that certain room and hall known as '11 and 13 South Main Street,' in the city of Butte, county of Silver Bow state of Montana, and did then and there willfully and unlawfully sell and dispose of spirituous, vinous, and malt liquors (a more particular description of which is to the grand jurors aforesaid unknown) to one John Doe (whose true name is to the grand jurors aforesaid unknown), and to divers and sundry other persons (whose true names are to the grand jurors aforesaid unknown). They, the said Charles Marion and F. Barnett, did then and there unlawfully allow one Jennie Roe (whose true name is to the grand jurors aforesaid unknown) and divers and sundry other women (whose true names are to the grand jurors aforesaid unknown) to assemble in the aforesaid room or hall for the purpose of selling and disposing of malt, spirituous, and vinous liquors, she, the said Jennie Roe, and divers and sundry other women, then and there being in the employ of the said Charles Marion and F Barnett, for the purpose of selling and disposing of malt, spirituous, and vinous liquors." Upon careful consideration, we are drawn to the conclusion that the indictment herein does not charge two offenses, but charges one offense,--of selling intoxicating liquors in a place described, where the women mentioned were employed and assembled for the purpose of the business therein carried on. The indictment charges but one criminal act,--that is, the selling of intoxicating liquors under the conditions alleged; but...