Noecker v. People

Citations

• 91 Ill. 468

Syllabus

<p>1. Criminal law—selling intoxicating liquor. Proof that the defendant sold intoxicating liquors in less quantities than one gallon is prima facie sufficient to warrant a conviction under the statute. If the defendant has a license to keep a dram-shop or a permit from the city or village authorities as a druggist to sell liquors for medicinal, mechanical, sacramental and chemical purposes, he must show it.</p> <p>2. Same—sale of liquor by physician. A prescription for intoxicating liquor by a physician, will not authorize the sale of such liquor by one not having a license or permit to sell, where there is no proof the persons obtaining the same were sick at all or needed medicine of any kind. In such case the prescription may be a mere device to avoid the statutory prohibition against the sale of intoxicating liquor.</p>