State v. Ray
State v. Ray
Opinion of the Court
The appellant was tried, convicted, and sentenced upon a charge of selling intoxicating liquors without a license, in the county of Whitman, on the 25th day of December, 1909. This appeal followed.
The evidence showed that the liquor was sold at a place called Lewiston Junction, in that county, outside the corporate limits of any city or town. Bal. Code, § 7312, provided that any person who shall sell or dispose of intoxicating liquors without having first obtained a license from the proper authorities shall be deemed guilty of a misdemeanor. This section was repealed by Laws 1909, p. 906, § 52 (Rem. & Bal. Code, § 2304).
“The board of county commissioners of each county in the state of Washington shall have the sole and.exclusive authority and power to regulate, restrain, license, or prohibit the sale or disposal of spirituous, fermented, malt, or other intoxicating liquors outside of the corporate limits of each incorporated city, incorporated town, or incorporated village in their respective counties.”
And by § 6268:
“Nothing in this act shall be held or construed to' allow any person, firm, or corporation to barter, sell, or otherwise dispose of any spirituous, malt, fermented, or other intoxicating liquors without having first obtained a license therefor, as required by the provisions of this chapter, except as provided in § 6275, infra.”
Section 6275 has reference to pharmacists or druggists, and no right or immunity is claimed under that section. These sections of the statute are taken from the Laws of 1888, pages 124-5. The title of that act is: “An Act to regulate, restrain, license or prohibit the sale of intoxicating liquors.” Laws 1909, p. 1024, § 421 (Rem. & Bal. Code, § 2673), provides :
“Every person who shall in any case not otherwise specially provided for, do any act,- for the doing of which a license or other authority is required by law, without having such license or other authority as required by law, shall be guilty of a misdemeanor.”
Laws 1909, p. 894, § 14 (Rem. & Bal. Code, § 2266), provides the punishment for a misdemeanor where the penalty is
The judgment is affirmed.
Dunbar, C. J., Mount, Parker, and Fullerton, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.