Legal Opinion

State v. Kennard

Supreme Court of New Hampshire

Decided December 4, 1906PublishedCited by 6 opinions

Indictment, against three respondents for keeping for sale “ one pint of distilled spirit . . . called whiskey.” Trial by jury and verdict of guilty. Transferred from the April term, 1906, of the superior court by Chamberlin, J. The indictment alleged that the defendants were not licensed to sell intoxicating liquor.

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Indictment, against three respondents for keeping for sale “ one pint of distilled spirit . . . called whiskey.” Trial by jury and verdict of guilty. Transferred from the April term, 1906, of the superior court by Chamberlin, J. The indictment alleged that the defendants were not licensed to sell intoxicating liquor. The defendants moved to quash the indictment because the word “liquor” was not used in it as descriptive of the offence, under section 33, chapter 95, Laws 1903. The motion was denied, subject to exception. The date of the offence as alleged in the indictment was December 1,…

1Opinion of the CourtWalker, J.

The defendants are indicted for keeping for sale “distilled spirit, containing more than one per cent of alcohol, called whiskey,” and it is alleged in substance that they are not licensees for the sale of liquor under the provisions of chapter 95, Laws of 1903, as aménded by chapter 49, Laws of 1905. In view of the recent decision in State v. Langdon, ante, 50, it is clear that the offence described in the indictment is a violation of section 15, chapter 112, Public Statutes, as amended by section 1, chapter 122, Laws 1903, and not of section 33, chapter 95, Laws of 1903. The defendants’…

2Cases cited4 opinions

  1. State v. PerkinsSupreme Court of New Hampshire · 1900
  2. Haskell v. Manchester Street RailwaySupreme Court of New Hampshire · 1906
  3. State v. HaveySupreme Court of New Hampshire · 1878
  4. State v. IngallsSupreme Court of New Hampshire · 1879

3Cited by6 opinions

  1. State v. SpadeSupreme Court of New Hampshire · 1978
  2. State v. ProulxSupreme Court of New Hampshire · 1970
  3. State v. SmithSupreme Court of Kansas · 1982
  4. McCurdy v. FlibotteSupreme Court of New Hampshire · 1927
  5. Hansen v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917

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