State v. Eden

Citations

• 92 Wash. 1
• 158 P. 967
• 1916 Wash. LEXIS 1135

Syllabus

<p>Intoxicating Liquors — -Unlawful Possession —■ Statutes — Construction. Rem. 1915 Code, § 6262-22, of the initiative prohibition law, making it unlawful for any person to have in his possession more than the prescribed quantity of intoxicating liquors, applies only to liquor unlawfully held or obtained after the taking effect of the act, and not to an excess quantity acquired for personal use prior to the taking effect of the act; in view of the general purpose of the act to prohibit the manufacture and sale within the state, and the provisions expressly authorizing possession for personal use and the use of guests at one’s residence, and in view of Id., § 6262-28 which merely makes the possession of more than the prescribed quantity prima fade evidence that the liquor was held for purposes of unlawful sale or disposition, without prescribing any penalty for such possession (Fullerton, J., dissenting).</p> <p>Statutes — Construction. A statute capable of two constructions, one of which makes a given act criminal and the other innocent, will be given the construction which favors innocence.</p>