State v. Martin

Citations

• 92 Wash. 366
• 159 P. 88
• 1916 Wash. LEXIS 744

Syllabus

<p>Intoxicating Liquors — Prohibition — Possession — Druggists — Statutes. Rem. 1915 Code, § 6262-1 et seq., regulating the sale of intoxicating liquors by druggists, refers only to druggists or pharmacists actively engaged in business; hence possession of an excess quantity by a registered pharmacist not engaged in business either when the liquors were acquired or seized, is an unlawful possession and not justified by the fact of acquisition before the law went into effect nor by intent to engage in the business.</p> <p>Same — Possession — Intended Use — Statutes. Where a registered pharmacist not engaged in business acquired a stock of intoxicating liquors before the prohibition law went into effect, and admitted that he kept them for a future druggist’s business, instead of shipping them out of the state within ten days as required by law, the liquor is contraband and subject to condemnation in a proceeding in rem, and the owner cannot recant and reclaim the liquor to be kept for personal use in his home, the intent being an important element of the offense.</p>