Legal Opinion

State v. Adams

Supreme Court of New Hampshire

Decided December 5, 1887PublishedCited by 9 opinions

Indictment, for the illegal keeping for sale of lager beer on the 27th day of April, 1887, with a second count alleging a former conviction of a like offence on the 5th day of July, 1882, in the police court of Concord, upon a complaint to which the defendant there pleaded guilty.

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Indictment, for the illegal keeping for sale of lager beer on the 27th day of April, 1887, with a second count alleging a former conviction of a like offence on the 5th day of July, 1882, in the police court of Concord, upon a complaint to which the defendant there pleaded guilty. The defendant moved to quash the second count on the ground that the record of the former conviction is too remote in time from the present offence, as alleged, and from the finding of the indictment, to constitute a second offence. The court denied the motion, and the defendant excepted. I. The indictment contains…

1Opinion of the CourtSmith, J.

The keeping of lager beer for sale by a person not an agent for the purpose of selling spirituous liquors is punishable by a fine of ten dollars, and for any subsequent offence, by a fine of fifty dollars. G. L., c. 109, s. 15. No indictment for the violation of this statute can be found, unless the offence was committed within one year before the first day of the court at which it is prosecuted. G. L., c. 109, s. 36.

The indictment, in this case, found at the October trial term, 1887, charges the respondent with the illegal keeping for sale of lager beer, April 27, 1887, and alleges a former…

2Cases cited3 opinions

  1. People v. StanleyCalifornia Supreme Court · 1873
  2. Ballard v. CapertonCourt of Appeals of Kentucky · 1859
  3. Nunnally v. White's executorsCourt of Appeals of Kentucky · 1861

3Cited by9 opinions

  1. Evans v. StateIndiana Supreme Court · 1898
  2. State v. SmithSupreme Court of Iowa · 1906
  3. Morman v. StateCourt of Criminal Appeals of Texas · 1934
  4. Apprendi v. New JerseySupreme Court of the United States · 2000
  5. Paetz v. StateWisconsin Supreme Court · 1906

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