Prather v. People

Citations

• 85 Ill. 36

Syllabus

<p>1. Criminal layr—sale of liquor—evidence. Where one is indicted for selling intoxicating liquor without a license, it is error to refuse to allow him to show the incorporation of the village in which the sales were made, when the defendant offers to show an ordinance authorizing the sale of such liquors, and his compliance with the ordinance.</p> <p>3. SAME'—whether formal license required. Where a party strictly complies with the ordinances of a village having power to license and regulate the sale of intoxicating liquors, by paying the money required for the privilege, and giving bond which is accepted, he will be protected in selling, although the clerk may have neglected to give him a license. The ordinance, in such cases, is the authority to sell, and the license is only evidence of it. A formal license is not necessary.</p> <p>3. License—to sell liquor—approval of bond. The acceptance of a bond with sureties, by the treasurer of a municipal corporation, given under an ordinance regulating the sale of intoxicating liquors, and his receipt for the license money, and his direction to the clerk to issue a license, is sufficient evidence of the approval of the bond, and that it is free from objection, in a prosecution against the party for selling such liquors.</p>