State v. Shaw
Supreme Court of New Hampshire
Indictment, against a druggist for selling spirituous liquor, on the 2d day of January, 1876, to John C. Sweat. Verdict, guilty. Sweat having testified to the sale, at about the time alleged, by the respondent’s clerk, the clerk, as a witness for the respondent, testified that he had not sold any liquor since the Reform Club was formed, in the preceding November.
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Indictment, against a druggist for selling spirituous liquor, on the 2d day of January, 1876, to John C. Sweat. Verdict, guilty. Sweat having testified to the sale, at about the time alleged, by the respondent’s clerk, the clerk, as a witness for the respondent, testified that he had not sold any liquor since the Reform Club was formed, in the preceding November. On cross-examination, the inquiry was made if he had sold liquor to any one in November; — to which the witness replied, that he had ; that he sold liquors unmixed in that month, and had in possession whiskey, rum, gin, alcohol, and…
1Opinion of the CourtFoster, J.
Evidence that a person, charged with an illegal sale of spirituous liquors, kept a hotel, had a bar, or that he actually kept liquors on his premises, is relevant to the issue. State v. Bonney, 39 N. H. 206; State v. Colby, 55 N. H. 72; State v. Roberts, 55 N. H. 485; Bishop on Stat. Crimes, s. 1048. Of the same character was the evidence of sales of liquor by the respondent’s clerk in November, preceding the day of the alleged sale, the precise day named in the indictment being immaterial. Where there is a question whether a particular act was done, the existence of any course of business…
2Cases cited1 opinion
- State v. ColbySupreme Court of New Hampshire · 1874
3Cited by2 opinions
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Buxton v. LanganSupreme Court of New Hampshire · 1939