State v. Colby
Supreme Court of New Hampshire
INDICTMENT, charging the respondent with selling pne pint of spirituous liquor to one Ellen P. Cheney, August 7, 1874. At the trial, before Smith, J., Mrs. Mary Angelí, a witness for the state, testified that on August 7, 1874, she went to the dwelling-house of the respondent, in Sunapee, in company with Mrs. Ellen P. Cheney, to whom, she testified, the respondent’s wife sold one pint of rum.
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INDICTMENT, charging the respondent with selling pne pint of spirituous liquor to one Ellen P. Cheney, August 7, 1874. At the trial, before Smith, J., Mrs. Mary Angelí, a witness for the state, testified that on August 7, 1874, she went to the dwelling-house of the respondent, in Sunapee, in company with Mrs. Ellen P. Cheney, to whom, she testified, the respondent’s wife sold one pint of rum. The witness, subject to the respondent’s exception, then testified as follows : “We both asked them both [Colby and wife] if Mr. Cheney [husband of Ellen P. Cheney] had been there that day after rum. He…
1Opinion of the Court
The evidence tended to show a sale of liquor to Mrs. Cheney at the respondent's house, — not by the respondent himself, but by his wife; and the remaining question in the case was, whether the respondent's wife acted under the authority of her husband, as his agent and servant, in making the sale.
To satisfy the jury of this, it was clearly competent for the state to prove that the respondent was, at the time of the alleged sale to Mrs. Cheney, engaged in the liquor traffic, at his dwelling-house, where the sale in question was made. The respondent's own testimony, in connection with that of…
2Cases cited1 opinion
- State v. BonneySupreme Court of New Hampshire · 1859
3Cited by2 opinions
- State v. ShawSupreme Court of New Hampshire · 1877
- State v. RobertsSupreme Court of New Hampshire · 1875