State v. Holmes

Citations

• 68 Wash. 7
• 122 P. 345
• 1912 Wash. LEXIS 1238

Syllabus

<p>Intoxicating Liquors — Offenses—Illegal Sales' — Local Option Law — Soliciting Orders — Statutes—Construction. Under Rem. & Bal. Code, § 6303, prohibiting the giving away or delivery of intoxicating liquor by any storekeeper, or the taking or soliciting of orders for a sale, in a dry unit, one may be guilty of taking or soliciting orders without being a “storekeeper.”</p> <p>Same — Soliciting Orders — Place of Commission of Oefense— Mailing Letter. A dealer who wrote and mailed a letter in a license city, addressed to a person in a dry district, quoting prices of liquors which it agreed to deliver at the party’s address in the dry unit, and enclosing an order blank with return envelope, is guilty of taking or soliciting orders for the sale and delivery of liquors within the limits of a dry unit, within the meaning of Rem. & Bal. Code, § 6303; since the unlawful act was committed in the city where the letter was delivered.</p> <p>Same — Commerce. In such case, both cities being in this state, no question of interstate commerce is involved.</p> <p>Criminal Law — Trial—Jury Trial — Directing Verdict. In a criminal prosecution, it is error for the court to direct a verdict of guilty; since Const., art. 1, § 22, guarantees the accused the right to trial by jury, and Rem. & Bal. Code, § 2309, provides that no person shall be convicted of crime unless by admission in his plea, confession in open court, or by the verdict of a jury.</p>