State v. Wheeler
Supreme Court of Vermont
Complaint by the State’s Attorney for Washington County. Heard at the March Term, 1889, Royoe, Ch. J., presiding, upon demurrer to the respondent’s plea. The demurrer was sustained and the respondent excepted. The complaint charged the respondent with keeping intoxicating liquor with intent to sell.
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Complaint by the State’s Attorney for Washington County. Heard at the March Term, 1889, Royoe, Ch. J., presiding, upon demurrer to the respondent’s plea. The demurrer was sustained and the respondent excepted. The complaint charged the respondent with keeping intoxicating liquor with intent to sell. The plea averred in substance that heretofore the hotel of the respondent had been searched by virtue of a search warrant and certain liquors found therein that thereupon the respondent had been prosecuted for maintaining a common nuisance in said hotel and acquitted; that the evidence relied upon…
1Opinion of the Court
The opinion of the court'was delivered by
Rowell, J.
It is argued for the prisoner that the statute ■under which this complaint is brought, which makes it an offense to own, keep, or possess, with intent to sell, furnish, or ■give away, intoxicating liquor in violation of law, is a nullity, for that the mere possession of the instruments of crime, with intent, but no overt act, therewith to commit it, is not an offense at ■common law, and cannot be made an offense by statute.
Although it was once thought otherwise—The King v. Sutton, Cases temp. Hardwicke, 354, and 2 Stra. [1074]—yet it is now…
2Cases cited2 opinions
- State v. LincolnSupreme Court of Vermont · 1878
- State v. JangrawSupreme Court of Vermont · 1888
3Cited by6 opinions
- Robinson v. StateCourt of Criminal Appeals of Texas · 1912
- State v. MagoneOregon Supreme Court · 1899
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
- Mercer v. StateIndiana Supreme Court · 1913
- State v. DeweySupreme Court of Vermont · 1892
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