Tobin v. District of Columbia
Tobin v. District of Columbia
Opinion of the Court
delivered the opinion of the Court:
It is provided, among other things, in § 6 of the act of March 3, 1893, that “* * * on Sundays, every barroom and other place where intoxicating liquors are sold shall be kept closed and no intoxicating liquor sold.” [27 Stat. at L. 565, chap. 204.] This language must be reasonably construed. And so construed it is not believed that it could have been the intention
Applying the law as stated in those decisions to the evidence in this case, we are of the opinion that it is not sufficient to support the conviction, and that the last motion on behalf of the defendant should, therefore, have been granted.
The hall by which all the parties entered was necessary to the use of the residence, of which it was a part, and led into the small middle room or hall adjoining the billiard room on one side, and on the other the kitchen in which the wife of the defendant prepared the family meals. There is nothing to indicate that it was devised also as a means of regular or occasional access to the billiard room and thence to the barroom. The defendant had the right to enter his barroom, both for the purpose of extinguishing the light and for procuring supplies for his own or his family’s use, provided that in so doing he did not furnish the public means of access thereto. Now if the Chaconas had not entered the building it would be quite clear that the act of defendant in visiting the barroom and returning with a bottle of beer for his own use would not have been a violation of the law. Could, then, the uninvited and unexpected entry of these men from the kitchen into the billiard room convert his act into an
The judgment will be reversed. It is so ordered. Reversed.
Reference
- Full Case Name
- TOBIN v. DISTRICT OF COLUMBIA
- Status
- Published
- Syllabus
- Sale op Liquok; Sunday Laws. Testimony in a prosecution for - keeping a barroom open on Sunday im violation of the act of Congress of March 3, 1893, which shows that the-owner was seen at nine A. M. going with a bottle of beer into a billiard room adjoining his barroom, in which former room there were two-men, is insufficient to support a conviction where the uncontradicted and unimpeached testimony for the defense is that the defendant had gotten the beer for his own use and did not know of the presence of the two men in the billiard room into which he was going for the purpose of extinguishing the lights there, which had been burning all night, and that the two men were waiting to collect money due therm for vegetables supplied the defendant’s family the preceding week.