State v. Haley
Supreme Court of Vermont
This was an information by the State’s attorney, filed at the September Term, 1879, alleging that on September 1, 1879, the respondent kept and maintained a certain place or room, &c., used as a place of public resort, in which intoxicating liquor, &c., was then and there unlawfully sold, &c., to the common nuisance, &c.
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This was an information by the State’s attorney, filed at the September Term, 1879, alleging that on September 1, 1879, the respondent kept and maintained a certain place or room, &c., used as a place of public resort, in which intoxicating liquor, &c., was then and there unlawfully sold, &c., to the common nuisance, &c. The respondent moved to quash the information for that the State’s attorney had no authority to prosecute for that offense in that court by information; but the motion was overruled; to which the respondent excepted. The evidence on the part of the State tended to show that…
1Opinion of the Court
*479The opinion of the court was delivered by
Barrett, J.
Many of the considerations expressed in State v. Cox bear equally on this case. The offense consists in keeping and maintaining a nuisance. That offense is predicable of any single day on which the nuisance exists, without regard to the fact that it was existing on many days continuously, including the one alleged in the information or complaint. The form given in the statute is followed in this case. This form would have been good without any statute enacting it. á continuando was not necessary for any purpose, nor required by any rule of…
2Cited by10 opinions
- State v. StimpsonSupreme Court of Vermont · 1905
- State v. HodgsonSupreme Court of Vermont · 1893
- New England Trout & Salmon Club v. MatherSupreme Court of Vermont · 1895
- Colton v. City of MontpelierSupreme Court of Vermont · 1899
- State v. WhiteSupreme Court of Vermont · 1897
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