State v. Paige
Supreme Court of Vermont
Information for keeping and exposing intoxicating liquor for sale in violation of No. 90, Acts 1902. Heard on demurrer to the information at the December Term, 1904, Caledonia County, Tyler, J., presiding. Demurrer overruled, pro forma, and information adjudged sufficient. The respondent excepted.
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Information for keeping and exposing intoxicating liquor for sale in violation of No. 90, Acts 1902. Heard on demurrer to the information at the December Term, 1904, Caledonia County, Tyler, J., presiding. Demurrer overruled, pro forma, and information adjudged sufficient. The respondent excepted. No. 90, A'cts 1902, is unconstitutional in that it does not provide for a hearing upon the seizure of liquors alleged to have been exposed for sale. 8 Cyc. 1097, § 3; 'Cotter v. Doty, 5 Ohio 394; Terrett v. Taylor, 9 Cranch (U. S'.) 43. Any proceeding under an act, a part of which is…
1Opinion of the CourtPowers, J.
An information in two counts for keeping and exposing intoxicating liquor for sale contrary to. the provisions of No. 90, Acts of 1902. A demurrer thereto assign*288ing ten causes, of which only those hereinafter considered are relied upon in the respondent’s brief.
The first clause of section 21 of the Act of 1902, prohibits the exposing or keeping for sale intoxicating liquor except as authorized in the act. The second clause of the same section provides that the act shall not apply to certain sales of cider and native wines, or to the furnishing liquor in one’s own dwelling house unless in the…
2Cases cited11 opinions
- State v. AbbeySupreme Court of Vermont · 1856
- State v. ScampiniSupreme Court of Vermont · 1904
- State v. McCaffreySupreme Court of Vermont · 1896
- State v. BevinsSupreme Court of Vermont · 1898
- State v. NortonSupreme Court of Vermont · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- State v. CaplanSupreme Court of Vermont · 1927
- State v. HaskellSupreme Court of Vermont · 1911
- Howes v. StateCourt of Appeals of Maryland · 1922
- Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909
10 more not listed; retrieve them via the Exa API.