Simonson v. State

Pattison, J., delivered the opinion of the Court. .The -appellant in this ease was indicted in the Circuit Court for Frederick County in these words: “The Grand Jurors of the State of Maryland, for the body of Frederick County, upon their oaths and affirmation, do présent that Eddie Simonson, late of said county, on the fifteenth day of July, in the year nineteen hundred and twenty-one, within the police limits of the City of Frederick, at the county aforesaid, unlawfully did sell alcoholic, spirituous, vinous, fermented, distilled, malt liquors and intoxicating bitters, liquid mixtures and preparations, which will produce intoxication, to wit: One-half pint of whiskey to Robert Diggs, contrary to tbe form of the Act of Assembly, in such ease made and provided, and against the peace, government and dignity of the State.” To this, indictment a demurrer was filed and overruled. The case then proceeded to trial and the defendant was found guilty and sentenced to imprisonment in the jail of Frederick County for the term of four months. An appeal was taken from the judgment, but no hill of exceptions is found in the record, therefore, the only question before us is the ruling of the court upon the demurrer. The description of the offense follows the language of see. 5, of chap. 30- of the Acts of 1916, under which the appellant was indicted, which provides that, . “It shall be unlawful for auy person, persons, social club, firm or corporation to manufacture for sale, sell or purchase for sale, transport for sale, dispense or otherwise dispose of any alcoholic, spirituous, vinous, ⁴¹⁵ fermented, distilled or malt liquors or intoxicating bitters or liqnid mixtures or preparations, whether patented or not, which will produce intoxication.” The statute applies to all of Frederick County, which includes both the City of Frederick, and the “police limits of the City of Frederick.” The latter unit embracing] the City of Frederick and some of the adjacent territory.

In 1902, an act was passed (chap. 427), relating to the sale of spirituous and fermented liquors within the “police limits of Frederick City,” in Frederick County. This act required those wishing' to sell spirituous or fermented liquors or lager beer, within the “police limits, of the City of Frederick” to first obtain a license therefor, and for a sale of such liquors or lager’ beer without such license, the act imposed “a finei of not less1 than one hundred dollars, nor more than five hundred dollars, or undergo imprisonment in the jail of Frederick County for not- less than three months nor more than twelve months^ or to both fine and imprisonment at the discretion of the court.” The Act of 1916, already referred to, which was passed, of course, after the Act of 1902, and while the latter was. in force, provided “that any person * * * selling * * * any alcoholic * * * liquors * * * within (Frederick County) shall ho liahle for all the penalties now1 or hereafter prescribed, for -x- * -x- se]]^ng * -x- * into'xioating liquors without a, license.” The appellant claims he was prejudiced by the allegation in the indictment that the