State v. Kibling
Supreme Court of Vermont
Information charging the respondent with liquor selling. Plea, not guilty. Trial by jury at the December term, 1890, Thompson, J., presiding. Yerdict guilty, and judgment upon verdict. Exceptions by the respondent.
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Information charging the respondent with liquor selling. Plea, not guilty. Trial by jury at the December term, 1890, Thompson, J., presiding. Yerdict guilty, and judgment upon verdict. Exceptions by the respondent. The respondent excepted to proof of sales prior to Nov. 26, 1890, first, because under the decision of the Supreme Court of the United States, the prohibitory liquor law previous to its reenactment as of that date was unconstitutional as a regulation of commerce; second, because whether constitutional or not, the reenacting statute repealed the old law so that no conviction could…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch J.
1. The counsel for the respondent contends that there was error in admitting testimony tending to show any offences committed prior to Nov. 26, 1890, when the Legislature re-enacted the law regulating the manufacture and sale of intoxicating liquors, and in convicting the respondent for any offences committed prior to that date. He bases this contention upon the claim that under the decision of Leisey et al. v. Hardin, 135 U. S. 100, the statutes of the State relating to this subject were unconstitutional and void. He does not contend that…
2Cases cited10 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Leisy v. HardinSupreme Court of the United States · 1890
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
- Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
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3Cited by10 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Heath v. StateIndiana Supreme Court · 1910
- State ex rel. Churchill v. BemisNebraska Supreme Court · 1895
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
5 more not listed; retrieve them via the Exa API.