Campbell vs. The State, 3 Hum. 9

Tuuley, J. delivered the opinion of the court. Plaintiff in error was indicted and convicted of the offence of retailing spirituous liquors. The proof shows that a battalion muster was held at his house in April, 1841, and that he sold to one John C. Carter, three bottles of whisky, each holding a quart or more, which whisky was drunk upon the premises. The defence set up is, that his house was -the place appointed by law for holding of musters, and that such being the case, the act of 1827, ch. 15, allowed to retail.

This act gave the power, and constitutes a good defence, if it be not repealed by the act of 1838, ch. 120. We do not think it necessary to enter into a minute investi-lion of this subject in this case, as it has been done heretofore in the case of Dyer vs. The State: Meigs’ Rep. 237. There the court say, that retailing is the selling of any quantity of spirits less than a quart, or any greater quantity, if to be .drank at the place where sold.

And that the act of 1838, ch. 120, does operate a repeal of all laws authorizing the retailing of spirituous liquors, because the doing so is made a misdemeanor, punishable by fine. This decides the present case — if all laws authorizing the retailing of spirituous liquors be repealed, of course the act of 1827, ch. 15 is — and the ground upon which the defence rests is gone. We, therefore, affirm the judgment of the circuit court.