Legal Opinion

State v. Burlington Drug Co.

Supreme Court of Vermont

Decided January 27, 1911PublishedCited by 20 opinions

Information charging the illegal sale of intoxicating liquors. Plea, not guilty. Trial by jury waived, and trial by court, on an agreed statement of facts, at the September Term, 1909, Chittenden County, Powers, J., presiding. The respondent adjudged guilty and fined. The respondent excepted.. The opinion states the case.

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Information charging the illegal sale of intoxicating liquors. Plea, not guilty. Trial by jury waived, and trial by court, on an agreed statement of facts, at the September Term, 1909, Chittenden County, Powers, J., presiding. The respondent adjudged guilty and fined. The respondent excepted.. The opinion states the case. P. S. 5141, 5143 must be construed together and considered as inflicting their joint penalties on respondent; and, when so considered, they reveal the imposition of a penalty that violates Ch. 2, § 32, of our State Constitution which requires that “all fines shall be…

1Opinion of the CourtHaselton, J.

The respondent, a corporation, was the holder of a liquor license of the “fourth class”; that is, it was licensed to sell intoxicating liquor at wholesale. While holding such license it made a sale of certain cordials that were intoxicating *246liquor, of which it had furnished no samples to the secretary of state for inspection, as it was required to do under the provisions of sections 5131 and 5132 of the Public Statutes.

P. S. 5141, provides that a licensee of the fourth class wlm sells any liquor of a quality other than that of a sample furnished to the secretary of state for inspection shall…

2Cases cited18 opinions

  1. Weems v. United StatesSupreme Court of the United States · 1910
  2. Evans v. United StatesSupreme Court of the United States · 1894
  3. O'Neil v. VermontSupreme Court of the United States · 1892
  4. Brown v. New JerseySupreme Court of the United States · 1899
  5. Waters-Pierce Oil Co. v. Texas (No. 1)Supreme Court of the United States · 1909

13 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. SaariSupreme Court of Vermont · 1989
  2. In re CoteSupreme Court of Vermont · 1918
  3. State v. VenmanSupreme Court of Vermont · 1989
  4. State v. WilliamsSupreme Court of Vermont · 1920
  5. In Re Appeal of ChaseSupreme Court of Vermont · 2009

15 more not listed; retrieve them via the Exa API.

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