State v. Biggio
State v. Biggio
Opinion of the Court
Section 6 of Act 176, p. 239, of 1908, makes it a crime punishable by fine or imprisonment or both for any person conducting a saloon to sell intoxicating liquors to a woman; and section 7 of the same act provides that:
The person convicted of such crime “shall, in addition, to the punishment prescribed in section 6, * * * be permanently deprived thereafter of the privilege of conducting a * * * saloon * * * or other place where spirituous =s * * liquors * * * are sold; and the revocation of said privilege shall be declared by the court having jurisdiction to impose the penalties fixed by section 6.”
The accused in this case having been found guilty under section 6, the court sentenced him under that section, and then proceeded as follows:
“It is further ordered that his license and permit to operate a saloon in the town of Abita Springs, in the parish of St. Tammany, shall be revoked and annulled, and that he shall be deprived of the privilege of conducting a barroom in this parish.”
The judgment appealed from is therefore annulled in so far as it revokes the license and permit of the accused, and is affirmed in so far as it imposes a fine, etc., and the case is remanded for proper sentence to be
O’NIELL, J., is of the opinion that the sentence depriving the convicted person of the privilege of conducting a barroom, ipso facto, revoked his permit, though not his license; the latter being transferable.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.