Albrecht v. People

Citations

• 78 Ill. 510

Syllabus

<p>1. Statute—liquor la/w of 1874 a penal statute, and to he strictly construed. The statute of 1874, relating to dram shops and intoxicating liquors, is a penal statute in its provisions, and is to be construed strictly, keeping in view the great central object in its enactment, and the evils to be prevented.</p> <p>2. Intoxicating liquobs—act of 1874 aimed at dram shops. Every section of the statute of 1874, the title of which is “Dram Shops,” is aimed at such as keep a dram shop, not, however, with a view to their suppression ; and the provisions of the sixth section do not apply to a person who treats a friend at his private house, as an act of hospitality.</p> <p>3. In this case, the defendant was a brewer, engaged in the manufacture of beer, not to be sold and drank on the premises, but for sale by the quantity, and being unwell, and confined to his house, on some persons calling to see him on business, he sent for a pitcher of beer, and invited all to drink, and one of the parties did drink, whom it was alleged was intoxicated: Held, that the case was not the one contemplated by the sixth section of the act of 1874, and no conviction could rightfully be had against him.</p>