State v. Cunningham
Supreme Court of Connecticut
This was an information, charging the defendant with keeping liquors, with intent to sell the same, in violation of the statute of 1854, entitled “ An Act for the suppression of intemperance.”
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This was an information, charging the defendant with keeping liquors, with intent to sell the same, in violation of the statute of 1854, entitled “ An Act for the suppression of intemperance.” The ninth section of that act provides “ that proof of the finding of the liquor specified in the complaint, in the possession of the accused, in any place except his private dwelling-house, or dependencies (or in such dwelling-house or dependencies, if the same be a tavern, public eating house, grocery, or other place of public resort) shall be received and acted upon by the court, as presumptive…
1Opinion of the Court
Waite, Ch. J.
The legislature, in making the finding of spirituous liquors, under certain circumstances, in the possession of a person, presumptive evidence of a keeping of them with intent to sell, undoubtedly intended to give greater effect to such evidence, than it had at common law. It is not to be presumed that the legislature intended to pass an unnecessary statute.
The object could not have been merely to render it admissible, for without the aid of the statute it might have been received, although other evidence to show the intent would have been necessary. Nor is it made conclusive…
2Cases cited2 opinions
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- The LuminarySupreme Court of the United States · 1823
3Cited by19 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- State v. McDonoughSupreme Court of Connecticut · 1942
- Plumb v. CurtisSupreme Court of Connecticut · 1895
- State v. Barrett.Supreme Court of North Carolina · 1905
- People v. BeckIllinois Supreme Court · 1922
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