State v. O'Conner
Supreme Judicial Court of Maine
On Exceptions, from Nisi Prius, Rice, J., presiding. This was an indictment against the respondent under the statute of 1858, as a common seller of intoxicating liquors. The testimony offered by the government tended to prove more than six distinct sales of intoxicating liquors by the respondent.
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On Exceptions, from Nisi Prius, Rice, J., presiding. This was an indictment against the respondent under the statute of 1858, as a common seller of intoxicating liquors. The testimony offered by the government tended to prove more than six distinct sales of intoxicating liquors by the respondent. The presiding Judge instructed the jury, that under our present statutes, no particular number of sales was necessary to be proved to constitute a common seller; but that the jury must be satisfied, from the evidence, that selling intoxicating liquors was her common and ordinary business, and they…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
Section 8, c. 33, laws of 1858, provides that no person shall be a common seller of intoxicating liquors. This statute does not define what acts shall constitute the offence.
The Act of 1856, c. 255, § 14; defined a common seller to be any person against whom three unlawful sales of intoxicating liquors should be proved within the time laid in the indictment therefor; or any person who should have been twice convicted of unlawful sales of intoxicating liquors against the provisions of the Act, and who should commit a third offence against the…
2Cases cited2 opinions
- Commonwealth v. M'CullochMassachusetts Supreme Judicial Court · 1818
- Ex parte Van OrdenU.S. Circuit Court for the District of Southern New York · 1854
3Cited by5 opinions
- Levine v. StateSupreme Court of New Jersey · 1933
- State v. SamOregon Supreme Court · 1887
- State v. CherryCourt of Appeals of Maryland · 1961
- Shaw v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- State v. BrownDelaware Court of Oyer and Terminer · 1896