Legal Opinion

State v. Freeman

Supreme Court of Vermont

Decided March 15, 1855PublishedCited by 4 opinions

Act of 1852 to prevent traffic in intoxicating liquors. Information in forty-two counts for illegally selling and furnishing intoxicating liquors, at different times, between the 1st of January and the 16th of June, 1854. The information was filed at the May Term, 1854 Neither count in it charged the respondent, in terms, with having given away intoxicating liquors. Plea, not guilty; trial by jury, December Term, 1854, — Underwood, J., presiding.

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Act of 1852 to prevent traffic in intoxicating liquors. Information in forty-two counts for illegally selling and furnishing intoxicating liquors, at different times, between the 1st of January and the 16th of June, 1854. The information was filed at the May Term, 1854 Neither count in it charged the respondent, in terms, with having given away intoxicating liquors. Plea, not guilty; trial by jury, December Term, 1854, — Underwood, J., presiding. The testimony on the part of the prosecution, tended to prove that the respondent had, on several occasions, during the period covered by the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The principal question in this case, which is not also embraced in the other case, against the same respondent, is, whether testimony of giving away spirits is good evidence under *522a count for “ furnishing.” The term furnish is somewhat indefinite. Literally it would include both selling and giving away, — and every other mode of putting spirits in the power of another. We could not, probably, give it this extensive signification. Selling seems, by the statute, to be one distinct mode of offence, by itself. Formerly, when that was the…

2Cited by4 opinions

  1. Republic of Hawaii v. AkauHawaii Supreme Court · 1898
  2. Decker v. United StatesCourt of Appeals for the Fourth Circuit · 1944
  3. Nelson v. StateWisconsin Supreme Court · 1901
  4. State v. LynchOhio Supreme Court · 1910

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