State v. Jangraw
Supreme Court of Vermont
This was a complaint charging the respondent with keeping intoxicating liquor with intent to sell. The respondent pleaded in bar a former conviction, to which the State demurred. The Court, Washington County, March Term, 1888, Rowell, J., presiding, sustained the demurrer, and adjudged the plea insufficient; to which the respondent excepted.. The nature of the plea, and the question raised by the exceptions appear in the opinion.
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This was a complaint charging the respondent with keeping intoxicating liquor with intent to sell. The respondent pleaded in bar a former conviction, to which the State demurred. The Court, Washington County, March Term, 1888, Rowell, J., presiding, sustained the demurrer, and adjudged the plea insufficient; to which the respondent excepted.. The nature of the plea, and the question raised by the exceptions appear in the opinion. The prior conviction was for the same offense, requiring the identical evidence to substantiate it, and is a bar. 1 Bish. Grim. Law, sec. 1037. Solliday v.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Oh. J.
The respondent was charged with the offense of keeping liquor with intent to sell, and plead in bar that he had been previously convicted of the offense of keeping and maintaining a common nuisance; and that the offense of keeping with intent to sell alleged in the complaint in this case was the same keeping of which he had been convicted. To this plea there was a general demurrer, and the question raised, therefore, is as to the sufficiency of the plea.
The offense alluded to in the plea, of which the respondent had been previously…
2Cases cited3 opinions
- State v. SmithSupreme Court of Vermont · 1871
- Drew v. HillikerSupreme Court of Vermont · 1884
- State v. LocklinSupreme Court of Vermont · 1887
3Cited by8 opinions
- State v. BisselSupreme Court of Vermont · 1934
- State v. O'BrienSupreme Court of Vermont · 1934
- State v. BissellSupreme Court of Vermont · 1934
- State v. PianfettiSupreme Court of Vermont · 1906
- State v. WheelerSupreme Court of Vermont · 1890
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