State v. Inness
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tapley, J., presiding. Indictment for being a common seller on the first day of January, 1864, and on divers other days and times between said first day of January aforesaid, and the day of finding of the indictment, last Tuesday of November, 1865. The respondent pleaded in bar a former conviction of keeping a drinking house and tippling shop, covering the same time mentioned in this indictment, to which plea the County Attorney demurred.
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On Exceptions from Nisi Prius, Tapley, J., presiding. Indictment for being a common seller on the first day of January, 1864, and on divers other days and times between said first day of January aforesaid, and the day of finding of the indictment, last Tuesday of November, 1865. The respondent pleaded in bar a former conviction of keeping a drinking house and tippling shop, covering the same time mentioned in this indictment, to which plea the County Attorney demurred. The presiding Judge sustained the demurrer, and the respondent alleged exceptions. The common law rule applicable to both…
1Opinion of the CourtWalton, J.
It is a fundamental rule of law that a person shall not be twice punished for the same offence. But to punish a person for keeping a drinking house and tippling shop, and also for being a common seller of intoxicating liquors, although the same illegal acts contribute to make up each offence, is not a violation of this rule.
It often happens that a person is twice punished for the same act, when the act is of such a character as to constitute two distinct crimes. Thus a man who in company with at least two others commits an assault and battery, or any other illegal act, in a violent and…
2Cases cited1 opinion
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1807
3Cited by17 opinions
- State v. AndrewsSupreme Court of Connecticut · 1928
- Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
- State v. MarchindoMontana Supreme Court · 1922
- Warren v. StateNebraska Supreme Court · 1907
- State v. TaplinSupreme Judicial Court of Maine · 1968
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