State v. Smith
Supreme Court of Vermont
Indictment, in three counts, for breaches of the license law of this state, enacted in 1846. Plea, not guilty, and trial by jury, March Term, 1848, — Bennett, J., presiding.
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Indictment, in three counts, for breaches of the license law of this state, enacted in 1846. Plea, not guilty, and trial by jury, March Term, 1848, — Bennett, J., presiding. On trial the prosecutor gave evidence tending to prove three distinct sales of spirituous liquors by the respondent, without license, between the first day of May, 1847, and the day of presenting this bill, and then offered evidence to prove other sales within the same period of time, — to which the respondent objected, claiming that the prosecutor, by his evidence, had elected, for what sales he would proceed; but the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an indictment against the respondent for a violation of the license laws, in three counts; and the only question argued is, was it error in the county court to permit the government, after having given evidence tending to prove a sale at three different times, to prove a sale at any other time ? We think not. It might have been the case, and probably was, that the attorney for the government had failed, in the first instance, to make out a fair prima facie case upon all the counts in the indictment, if upon any, —especially as, in…
2Cases cited1 opinion
- State v. AinsworthSupreme Court of Vermont · 1839
3Cited by13 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- Long v. StateIndiana Supreme Court · 1877
- State v. ChisnellWest Virginia Supreme Court · 1892
- State v. CroteauSupreme Court of Vermont · 1849
- Riley v. StateMississippi Supreme Court · 1871
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