Opinion of the Court by
This is a writ of error sued out to reverse a judgment of the circuit court of Madison county. At the October term, 1829, an indictment was preferred against the plaintiff in error, for retailing spirits by a less quantity than one quart, in violation of the statute. At the same term following, he was tried, and found guilty, and the court thereupon imposed a fine of twelve dollars against him. A motion was made by his counsel to arrest the judgment, which the court overruled. The statute of 1827, page 150, section 127, is in the following words: “ Every person not having a legal license to keep a tavern, who shall barter, exchange or sell, any wine, rum, brandy, gin, whiskey, or other vinous, spirituous, or mixed liquors, to any person or persons, by a less quantity than one quart, shall, on conviction, be fined ten dollars.” I know of no statute in force imposing a greater fine for the offense of re*352tailing spirits without a license than the one referred to. The court, therefore, erred in rendering the judgment and imposing a fine of twelve dollars, for which error it must be reversed.
Semple, for plaintiff in error.
Cowles, state’s attorney, for defendant in error.
Prom this opinion, Justice Smith dissents.
Judgment reversed.