State v. Carver
Supreme Court of New Hampshire
. Indictment, charging that the defendant, on the second day of September, 1897, at, etc., “with force and arms, under color and pretence that one Frank E. Fernald had committed an offence against the statutes of this state relating to the sale of spirituous liquors, in this, that the said Frank E. Fernald had before that time, to wit, on the twenty-ninth clay of March, eighteen hundred and ninety-seven, not being an ageut of any town for the purpose of selling spirit, sold…
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. Indictment, charging that the defendant, on the second day of September, 1897, at, etc., “with force and arms, under color and pretence that one Frank E. Fernald had committed an offence against the statutes of this state relating to the sale of spirituous liquors, in this, that the said Frank E. Fernald had before that time, to wit, on the twenty-ninth clay of March, eighteen hundred and ninety-seven, not being an ageut of any town for the purpose of selling spirit, sold to one whose name he would not reveal, one quart of spirituous liquor, contrary to the form of the statutes in such case…
1Opinion of the CourtBlodgett, J.
Whatever diversity of opinion there may justly be as to the policy of the liquor laws of this state, it cannot be doubted that their violation is a grave misdemeanor against public justice, nor that its compromise with the offender by a private individual is both pernicious and illegal.
“ Misdemeanors are either mala in se, or penal at common law, and such as are mala prohibita, or penal by statute. Those mala in se are such as mischievously affect the person or property of another, or outrage decency, disturb the peace, injure public morals, or are breaches of public duty.” 4 Am. & Eng. Enc.…
2Cases cited9 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- State v. KeyesSupreme Court of Vermont · 1836
- Partridge v. HoodMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. PeaseMassachusetts Supreme Judicial Court · 1819
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. StrattonSupreme Court of New Hampshire · 1989
- People v. O'RearAppellate Division of the Superior Court of California · 1963
- Town of Nottingham v. NewmanSupreme Court of New Hampshire · 2001
- E. P. Wilbur Trust Co. v. FahrendorfSouth Dakota Supreme Court · 1936
- State v. JenkinsSupreme Court of New Hampshire · 1986
3 more not listed; retrieve them via the Exa API.