State v. Rand
Supreme Court of New Hampshire
Indictment, against Hamilton L. Rand, for the sale of spirituous liquor. The substance of the indictment was, that the defendant, at Concord, on the first day of July, 1871, not being an agent of a town for the purpose of selling spirit, did sell one glass of spirituous liquor to one Charles E. Savory.
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Indictment, against Hamilton L. Rand, for the sale of spirituous liquor. The substance of the indictment was, that the defendant, at Concord, on the first day of July, 1871, not being an agent of a town for the purpose of selling spirit, did sell one glass of spirituous liquor to one Charles E. Savory. Said Savory being called as a witness for the State, and being asked, — ■ “ Have you purchased any spirituous liquor of the defendant within a year past ? ” replied, — “ I decline to answer, because it would crimi-nate myself. If I induced him to sell me liquor, would I not be a participator in…
1Opinion of the CourtSmith, J.
The question presented is, whether the purchase constituted a crime. If it did, the purchaser cannot be compelled to testify. Constitution of N. H., Bill of Rights, article 15.
“ If any person shall sell * * * spirituous liquor * * * * he shall be fined * * * ” &c. Gen. Stats., ch. 99, sec. 18. It is argued that the purchaser aids in or procures the sale, and thus makes himself criminally liable under sec. 1 of ch. 266, Gen. Stats., which provides that “ if any person shall aid in, counsel, hire, or procure the commission of any offence, or shall be accessory thereto, before' or after the…
2Cases cited6 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Tracy v. . TalmageNew York Court of Appeals · 1856
- The Sacketts Harbor Bank v. . CoddNew York Court of Appeals · 1858
- Walan v. KerbyMassachusetts Supreme Judicial Court · 1868
- Adams v. GoodnowMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lott v. United StatesCourt of Appeals for the Ninth Circuit · 1913
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Arsenault v. Realty Funding Corp. (In re Arsenault)United States Bankruptcy Court, D. New Hampshire · 1995