State v. Le Blanc

Citations

• 124 La. 974
• 50 So. 814
• 1909 La. LEXIS 574

Syllabus

<p>1. Intoxicating Liquors (§ 45*) — Illegal Sales — Licenses—Section 910 oe Revised Statutes Not Repealed.</p> <p>The information charged defendant with having retailed spirituous liquors without a license.</p> <p>The first ground of defense is that section 910 of the Revised Statutes is repealed, under which the information was presented.</p> <p>Act No. 66, p. 93, of 1902, i. e., section 910, prohibits sales of spirituous or intoxicating liquors without license.</p> <p>Section 2, Act No. 176, p. 237, of 1908, does not prohibit in words the sale of intoxicants. The latter does not repeal the former as it is not entirely similar.</p> <p>Repeal by implication not favored.</p> <p>Reaflirmed in State v. Bailey, 49 South. 1011.1</p> <p>Section 910 applies to dry parishes. State v. Ivuhn. 24' La. Ann. 474; State v. Brown, 41 La. Ann. 772, 6 South. 638.</p> <p>2. Criminal Daw (§ 1159*)— Appeal — Review —Questions of Fact.</p> <p>Questions of fact are involved. The remedy is not by appeal.</p> <p>(Syllabus by the Court.)</p>