State v. Becker
State v. Becker
Opinion of the Court
The situation presented in this case is an unusual one. The store, the restaurant, and saloon are all under one roof and part of the same building. The place where the liquor was found is separated from the saloon by the restaurant, and from the restaurant one must either go through the living quarters of Skibba or through the store and through the living quarters of the defendant before reaching the place where the liquor was concealed. The answer to the proposed question therefore requires us to determine whether the place where the liquor was found was a part of the licensed premises. This statute has been under consideration in Walsh v. State, 180 Wis. 356, 192 N. W. 1004; Wibmer v. State, 182 Wis. 303, 195 N. W. 936; Bombinski v. State, 183 Wis. 351, 197 N. W. 715; Nelson v. State, 186 Wis. 648, 203 N. W. 343; Miller v. State, 191 Wis. 477, 211 N. W. 278. While these cases are illustrative of what has been held to constitute premises as that term is used in the statute, they afford no direct aid in the solution.of the problem presented by the record in this case.
Here, the premises on which the liquor was found were separated from the premises licensed by an intervening estab
By the Court. — The answer to the question propounded is, the defendant should be discharged.
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