Smith v. State
Supreme Court of Connecticut
IN ERROR. This was a complaint, preferred by Charles Beebe, as a grand-juror of the town of Canaan, to a justice of the peace, against Gibson Smith, for selling spiritous liquor contrary to the statute.
Read the full summary
IN ERROR. This was a complaint, preferred by Charles Beebe, as a grand-juror of the town of Canaan, to a justice of the peace, against Gibson Smith, for selling spiritous liquor contrary to the statute. The complaint contained six counts, the fourth of which was in these words: “ That said Gibson Smith, heretofore, to wit, at said Canaan, on or about the 24th day of October 1847, at a certain house, store or shop then and there situate, did wilfully and maliciously sell, and authorize and permit to be sold, wines, spiritous liquor, or other intoxicating beverage, to one Daniel Root, being a…
1Opinion of the CourtEulsworth, J.
We have no doubt on any of the questions made in this case, except the one arising on the sufficiency of the 4th count of the information. Before, however, we express our views on that point, we will, in a few words, dispose of the others.
It was certainly a bold step of the counsel for the accused, to move that a cause should be stricken from the docket, where the record and proceedings were regular and sufficient on their face ; and more so, where judgment had been rendered in chief, and an appeal taken to the higher court for another trial. It was quite too late, and altogether irregular,…
2Cases cited1 opinion
- Bowler v. EldredgeSupreme Court of Connecticut · 1846
3Cited by14 opinions
- State v. EdwardsSupreme Court of Connecticut · 1972
- Brown v. LuntSupreme Judicial Court of Maine · 1854
- Grasso v. FrattolilloSupreme Court of Connecticut · 1930
- McQuillen v. StateMississippi Supreme Court · 1872
- State v. WestConnecticut Appellate Court · 1985
9 more not listed; retrieve them via the Exa API.