State v. Kezer
Supreme Court of Vermont
Complaint for selling intoxicating liquors in violation of law. Plea, not guilty. Trial by jury at the September Term, 1901, Franklin County, Rowell, J., presiding. Verdict, guilty of one first offense. Judgment and sentence thereon. The respondent excepted.
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Complaint for selling intoxicating liquors in violation of law. Plea, not guilty. Trial by jury at the September Term, 1901, Franklin County, Rowell, J., presiding. Verdict, guilty of one first offense. Judgment and sentence thereon. The respondent excepted. It being conceded that peppermint essence is a genuine medicine and manufactured as such, it cannot be made contraband by the manlier or circumstances of its sale, and no issue of fact was presented. 25 Kansas 751; 37 Am. Rep. 284; Carl v. State, 87 Ala. 17; Russell v. Sloan, 33 Vt. 656 In cases of this character it is a question of fact…
1Opinion of the CourtTyler, J.
The state’s evidence tended to show that the respondent owned or occupied a building in which he kept a general store and a dance hall; that on the evening in question a dance was held, and during the evening the respondent’s clerk sold one Kettle four or five ounce bottles of peppermint essence from a stock kept in the store, and that the respondent himself sold him thlree or four bottles of the essence that evening; that Kettle bought it to drink, did drink it and became intoxicated.
The state conceded that the article was manufactured and used as a medicine and for culinary purposes. The…
2Cases cited2 opinions
- Carl v. StateSupreme Court of Alabama · 1888
- Russell v. SloanSupreme Court of Vermont · 1861
3Cited by3 opinions
- State v. KrinskiSupreme Court of Vermont · 1905
- McLean v. PeopleSupreme Court of Colorado · 1919
- State v. CostaSupreme Court of Vermont · 1905