State v. Barr
Supreme Court of Vermont
Information for selling and furnishing intoxicating liquor without a license, in violation of No. 90, Acts 1902, with two counts for “keeping and exposing for sale.” Trial by jury at the December Term, 1904, Caledonia County, Tyler, J., presiding. Plea, not guilty. Verdict, “guilty of one joint offence;” judgment thereon. The respondents excepted.
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Information for selling and furnishing intoxicating liquor without a license, in violation of No. 90, Acts 1902, with two counts for “keeping and exposing for sale.” Trial by jury at the December Term, 1904, Caledonia County, Tyler, J., presiding. Plea, not guilty. Verdict, “guilty of one joint offence;” judgment thereon. The respondents excepted. Subject to respondent’s objection and exception certain police officers of the village of Hardwick were allowed to testify that in the spring of 1904 they made searches of respondent’s premises under warrants authorizing them to search for…
1Opinion of the CourtRowErr, C. J.
This is an information under the license act of 1902. Six counts are for selling and furnishing' intoxicating liquor without a license; and two, for keeping and exposing for sale without a license.
It was not error to allow the State, after having introduced evidence tending to show six offences of selling, to introduce evidence of other sales. This precise question was so ruled in State v. Smith, 22 Vt. 74, and in State v. Croteau, 23 Vt. 14.
But as each sale was a separate offence, it was error for the court to refuse at the close of the testimony to require the State to elect the occasions…
2Cases cited8 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- State v. ScampiniSupreme Court of Vermont · 1904
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1901
- State v. CroteauSupreme Court of Vermont · 1849
- Commonwealth v. HurleyMassachusetts Supreme Judicial Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. StacySupreme Court of Vermont · 1932
- State v. DonaluzziSupreme Court of Vermont · 1920
- State v. HaskellSupreme Court of Vermont · 1911
- People v. WoodwardMichigan Supreme Court · 1922
- State v. Coomer, Jr.Supreme Court of Vermont · 1933
14 more not listed; retrieve them via the Exa API.