State v. Woods

Citations

• 116 Wash. 140
• 198 P. 737
• 1921 Wash. LEXIS 804

Syllabus

<p>Criminal Law (55)—Former Jeopardy—Intoxicating Liquors— Different Offenses in Same Act. An acquittal of the offense of opening up, conducting and maintaining a place for the sale of intoxicating liquors would not be a bar to a subsequent prosecution for unlawfully having in possession intoxicating liquors, though the two prosecutions were based upon substantially the same evidence, since the one offense is not included within the other under the provisions of the statute relating to intoxicating liquors.</p> <p>Intoxicating Liquors (30)—Offenses—Illegal Possession. Under a statute making the possession of intoxicating liquor unlawful, it is no defense to a prosecution therefor that defendants came into possession thereof during the time when, under the laws of the state, such possession was lawful.</p> <p>Same (6)—Prohibition—Possession of Intoxicating Liquor— Eighteenth Amendment. The Volstead Act, passed pursuant to the 18th amendment to the constitution of the United States, does not supersede the state statute relating to the unlawful possession of intoxicating liquors.</p>