State v. Tomasi
Supreme Court of Vermont
Information for keeping a nuisance. Plea, not guilty. Trial by jury at the-; September term, 1894, Washington county, Munson, J.,rpresiding. Verdict guilty. The respondent excepts. Ignorance of fact unaccompanied by criminal negligence exempts from criminal responsibility. Com. v. Presby, 14 Gray 65,^67; Com. v. Cheney, 141 Mass. 102; Stearnv. State, 53§Ga. 229, 230; Richv. Stale, 63 Ga. 616, 620, 621; Bishop’s New Crim.
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Information for keeping a nuisance. Plea, not guilty. Trial by jury at the-; September term, 1894, Washington county, Munson, J.,rpresiding. Verdict guilty. The respondent excepts. Ignorance of fact unaccompanied by criminal negligence exempts from criminal responsibility. Com. v. Presby, 14 Gray 65,^67; Com. v. Cheney, 141 Mass. 102; Stearnv. State, 53§Ga. 229, 230; Richv. Stale, 63 Ga. 616, 620, 621; Bishop’s New Crim. Law, 301; Bish., Stat. Cr., p. 1022, and cases there cited; State v. McDonald, 7 Mo. Ap.,510; Crabtree v. State, 30 Ohio St., 382; Adler v. State,S55 Ala. 16; Robisus v.…
1Opinion of the CourtTaft, J.
But one question arises in this case. The jury were instructed that if the respondent sold what was in fact lager beer, he might be found guilty even though he did not know nor suppose that the article was lager beer. The respondent insists that the charge so given was erroneous, claiming that ignorance oí fact, unaccompanied by any negligence, exempts one from criminal responsibility. If knowledge of certain facts is necessary to constitute an of-fence, the respondent can always show an ignorance of such facts in defence, or, rather to insure a conviction, it is incumbent upon the…
2Cases cited2 opinions
- People v. RobyMichigan Supreme Court · 1884
- State v. HopkinsSupreme Court of Vermont · 1883
3Cited by11 opinions
- State v. Burlington Drug Co.Supreme Court of Vermont · 1911
- State v. GilmoreSupreme Court of Vermont · 1908
- State v. WoodsSupreme Court of Vermont · 1935
- People v. HatingerMichigan Supreme Court · 1913
- State v. AudetteSupreme Court of Vermont · 1908
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