Meskew v. City of Highlands
Meskew v. City of Highlands
Opinion of the Court
delivered the opinion of the court.
James Meskew was prosecuted before a magistrate for the unlawful sale of liquors against the provisions of an ordi
We are relieved of any embarrassment or difficulty in the settlement of these errors by a decision of the supreme court rendered in 1895. People v. Raims, 20 Colo. 489. In a lucid and satisfactory opinion by Mr. Justice Campbell both these questions have been resolved against the plaintiff in error. It will neither advantage the defendant nor be of benefit to the profession to restate the reasons on which that decision is based. In this case, as in that, the defendant neither pleaded nor proved as a defense the possession of a license from the other adjacent towns. It is, therefore, of no consequence that the facts happened to be as they are contended with respect to the location of the other incorporations ; and since it appears from the record that he sold liquor within the limit of a mile of Highlands, contrary to an ordinance, which was proven, his guilt was established.
The other defense—of a license from the county authorities of Jefferson county—is equally unavailable. Exclusive jurisdiction is by the legislature conferred on towns and cities to prohibit the sale of liquors within their limits and a certain specific distance beyond, and when the towns or cities have acted in the premises, and passed ordinances prohibiting the sale of liquor at the place where the crime is alleged to have been committed, it is no defense to either insist or prove that the defendant possesses a license issued by the county
These considerations dispose of the only errors urged on the argument, or of sufficient consequence to admit of discussion ; and, since the judgment is fully sustained by these authorities, it must be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.