Thon v. Commonwealth

Citations

• 31 Va. 887

Syllabus

<p>Ch. 44, §13 of an ordinance of the city of Richmond provides that every hotel keeper, and keeper of a restaurant, lager beer saloon, or other place where ardent spirits, beer, cider or other drinks are sold or given away, shall close the bar where such drinks are sold or given away every Sunday during the whole day, * * * and any person violating any provision of this section shall be fined not less than ten nor more than $500. The act of March 6,1874, eh. 83, p. 76, enacts “ that no intoxicating drinks shall be sold in any bar-room, restaurant, saloon, store or other place within the limits of this commonwealth from 12 o’clock on each and every Saturday night of the week, until sunrise of the succeeding Monday morning.” And the peualty for aviolation of this act is afine of notless than ten nor more than $500, and at the discretion of the court a forfeiture of his license : “ provided that this law shall not apply to any city having police regulations on this subject, and an ordinance inflicting a penalty equal to the penalty inflicted by this statute”—Held : That the ordinance is not the same as the statute, either in the specification of the offence or in the penalty, so as to bring it within the proviso of the statute; and therefore a prosecution for a violation of the act may be sustained.</p>