Legal Opinion

State v. Intoxicating Liquor

Supreme Court of Vermont

Decided January 15, 1883PublishedCited by 9 opinions

i Complaint and warrant for the seizure of intoxicating liquor under sec. 3818, R. L. Clark Smith appeared before the justice and claimed the liquors. The justice adjudged the liquors forfeited. The claimant appealed to the County Court, and there demanded a trial by jury, which was denied. Heard, March Term, 1882, by the court, Veazey, J., presiding. The. case is stated in the opinion. The claimant is entitled to have the issue made by him tried by jury.

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i Complaint and warrant for the seizure of intoxicating liquor under sec. 3818, R. L. Clark Smith appeared before the justice and claimed the liquors. The justice adjudged the liquors forfeited. The claimant appealed to the County Court, and there demanded a trial by jury, which was denied. Heard, March Term, 1882, by the court, Veazey, J., presiding. The. case is stated in the opinion. The claimant is entitled to have the issue made by him tried by jury. Plimpton v. Somerset, 33 Vt. 290; R. L. s. 3850; Lincoln v. Smith, 27 Yt. 328 ; Con. Yt.; State v. Peterson, 21 Yt. 513 ; State v.…

1Opinion of the Court

*83The opinion of the court was delivered by

Redfield, J.

The liquor was seized and condemned under the statute, as kept for sale contrary to the laws of the State. The defendant, as claimant, appeared before the justice, and averred that he is a druggist, had lawful use for the liquor, and it was not “ kept for sale contrary to the law;” and being overruled and the liquor condemned, he appealed to the County Court, and there demanded a jury trial, which was denied him. Intoxicating liquor is outlawed by the statute, and made subject to seizure and confiscation. It has no rights that the law is…

2Cases cited5 opinions

  1. Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
  2. Lincoln v. SmithSupreme Court of Vermont · 1855
  3. Spalding v. PrestonSupreme Court of Vermont · 1848
  4. Johnson v. WilliamsSupreme Court of Vermont · 1876
  5. Johnson v. PerkinsSupreme Court of Vermont · 1876

3Cited by9 opinions

  1. People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
  2. State v. O'NeilSupreme Court of Vermont · 1885
  3. State v. SeymourSupreme Court of Rhode Island · 1924
  4. Osborne v. StateSupreme Court of Arkansas · 1906
  5. State v. Intoxicating LiquorSupreme Court of Vermont · 1909

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