Legal Opinion

State v. Nutt

Supreme Court of Vermont

Decided March 15, 1856PublishedCited by 16 opinions

Indictment for a breach of the license law of 1852. Plea, not guilty; tripl by jury, May Term, 1855, — Underwood, J., presiding.

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Indictment for a breach of the license law of 1852. Plea, not guilty; tripl by jury, May Term, 1855, — Underwood, J., presiding. Upon the trial the respondent produced a copy of the record of a complaint by the grand juror of Hartford, dated November 1st, 1854, charging that the respondent, “ on the 27th day of September, 1854, did become a common seller of, and at divers times, sell, furnish or give away intoxicating liquors without authority,” &c., and of a conviction of the respondent thereon, before a justice of the peace, on the 6th day of November, 1854, of being a common seller; and it…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in October, by

Bennett J.

At the December Term of the county court, 1854) the respondent was indicted by the grand jury of the county in divers counts, for selling intoxicating liquor without license. On the trial of the case before a traverse jury, upon the plea of not guilty, the respondent gave in evidence a record of his former conviction of being “ a common seller;”, and the case finds that it was conceded, on trial, that the breaches of the law found by the grand jury, and presented in said indictment, were all prior to said…

2Cited by16 opinions

  1. In Re SnowSupreme Court of the United States · 1887
  2. Moundsville v. FountainWest Virginia Supreme Court · 1885
  3. State v. McAninchSupreme Court of Iowa · 1915
  4. State v. WilliamsSouth Dakota Supreme Court · 1898
  5. State v. HealySupreme Court of Minnesota · 1917

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