State v. Robinson
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Howard, J., presiding. Indictment, against the defendant for being a common seller of spirituous and intoxicating liquors, between the first day of April and the last Tuesday of November, 1854, without an appointment. The first count alleged the offence to be by retail, and in less quantities than the Revenue Laws of the United States prescribed for the importation thereof into this country.
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On Exceptions from Nisi Prius, Howard, J., presiding. Indictment, against the defendant for being a common seller of spirituous and intoxicating liquors, between the first day of April and the last Tuesday of November, 1854, without an appointment. The first count alleged the offence to be by retail, and in less quantities than the Revenue Laws of the United States prescribed for the importation thereof into this country. The second count alleged, that he was a common seller of wine, brandy, &c. within the time fixed in the indictment. And it was further alleged, that defendant at the…
1Opinion of the CourtAppletoN, J.
— The statute of this State, for the violation of which this indictment was found, prohibits, in the most explicit terms, all sales of spirituous and intoxicating liquors, and would be equally violated whether the liquors sold were imported or domestic — were sold in smaller or in larger quantities.
An indictment in the State Courts, regards only the law *153of the State against which the offence is committed. It is not necessary to negative possible and contingent defences which may arise under the statutes of the United States, or under its treaties with other governments. The party justifying…
2Cases cited1 opinion
- Brown v. MarylandSupreme Court of the United States · 1827
3Cited by8 opinions
- Keith v. StateSupreme Court of Alabama · 1890
- State v. GoldstrohmWest Virginia Supreme Court · 1919
- State v. BlackOregon Supreme Court · 1935
- State v. McClaySupreme Judicial Court of Maine · 1951
- State v. KilmerNorth Dakota Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.