Anderson v. State

Citations

• 26 Del. 157
• 3 Boyce 157
• 82 A. 539
• 1912 Del. LEXIS 14

Syllabus

<p>Intoxicating Liquors—Sale—Jurisdiction—Municipal Courts—Criminal Jurisdiction.</p> <p>Wilmington City Charter, § 15 (Charter Laws and Ordinances of the City of Wilmington, 1910, p. 40), provides that the municipal court shall have exclusive jurisdiction to determine all those criminal matters and offenses enumerated in the fifteenth section of the sixth article of the amended Constitution and to punish persons convicted of such offenses. Const. 1832, art. 6, § 15, referred to, permits the General Assembly to give to any inferior courts jurisdiction of certain offenses, including “keeping without license a public house of entertainment, * * * retailing or selling without license, wine, rum, brandy, gin, whisky or spirituous or mixed liquors, contrary to law.” The information charged that accused, not having a proper license “to sell intoxicating liquor according to law, * * * did then and there sell intoxicating liquor” contrary to law. Held, that the information did not affirmatively show an offense of which the municipal court of Wilmington city had jurisdiction, not showing that the intoxicating liquors accused were charged with having sold were of the kind enumerated in the Constitution.</p>