State v. Thornton
Supreme Court of New Hampshire
1. Indictment, for unlawfully keeping for sale five gallons of lager beer. The indictment also alleged that the defendant “ has been convicted of a prior offence of unlawfully keeping for sale lager beer, by the police court of Concord.”
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1. Indictment, for unlawfully keeping for sale five gallons of lager beer. The indictment also alleged that the defendant “ has been convicted of a prior offence of unlawfully keeping for sale lager beer, by the police court of Concord.” The defendant moved to quash the indictment, because it is not alleged that the lager beer was spirituous or intoxicating; also, because the defendant cannot be convicted of a second offence when the first conviction was in a court which had no jurisdiction of the offence. Motion denied, and the defendant excepted. 2. Complaint, for unlawfully keeping lager…
1Opinion of the CourtClark, J.
In an indictment or complaint, under Gen. Laws, c. 109, s. 15, for selling or keeping for sale lager beer, it is not necessary to allege or prove that lager beer is intoxicating. The stattute expressly prohibits the sale and keeping for sale of lager beer. The offence is created by the statute, and it is sufficient in an indictment to follow the language of the statute when the words of the statute are descriptive of the offence. State v. Blaisdell, 33 N. H. 388; State v. Keneston, 59 N. H. 36; Com. v. Timothy, 8 Gray 480; Com. v. Anthes, 12 Gray 29; Com. v. Bean, 14 Gray 99; Com. v. Chappel,…
2Cases cited1 opinion
- Commonwealth v. ChappelMassachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- State v. WilliamsSupreme Court of New Hampshire · 1895