Legal Opinion

State v. Parks

Supreme Court of Vermont

Decided November 15, 1856PublishedCited by 2 opinions

Indictment for selling and giving away intoxicating liquor contrary to law. The respondent plead that before any of the acts of selling or giving away charged in the indictment he was duly licensed by the commissioner for the county of Washington as agent for the town of Marshfield, in said county, in which town all of said acts of selling, &c., were alleged to have been committed, to sell intoxicating liquor for medicinal, chemical and mechanical purposes, and executed the…

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Indictment for selling and giving away intoxicating liquor contrary to law. The respondent plead that before any of the acts of selling or giving away charged in the indictment he was duly licensed by the commissioner for the county of Washington as agent for the town of Marshfield, in said county, in which town all of said acts of selling, &c., were alleged to have been committed, to sell intoxicating liquor for medicinal, chemical and mechanical purposes, and executed the requisite bond to the county of Washington, as required by the 4th section of the act to prevent traffic in intoxicating…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The only question in the present case is, whether a town agent for selling liquors for medicinal, chemical and mechanical purposes, is liable to indictment for selling or giving away liquors for general purposes of drinking.

The statute in terms makes every one liable who shall furnish liquors in violation of the act. There is no intimation of any exception in regard to agents. And, in reason and policy, they are the last persons who ought to be excused, on account of the public trust reposed in them, and the great facilities they…

2Cited by2 opinions

  1. State v. ScampiniSupreme Court of Vermont · 1904
  2. State v. HodgdonSupreme Court of Vermont · 1868

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