Legal Opinion · Dissent

State v. Croteau

Supreme Court of Vermont

Decided December 15, 1849Published

Indictment, in three counts, for violations of the license law of 1846. Trial by. jury, March T., 1848, — Bennett, J., presiding. On trial the attorney for the government introduced testimony tending to prove three distinct sales of spirituous liquors by the respondent at different times, and then offered farther testimony tending to prove sales of spirituous liquors by him at other times. To this last testimony the respondent objected ; but it was admitted by the court.

Read the full summary

Indictment, in three counts, for violations of the license law of 1846. Trial by. jury, March T., 1848, — Bennett, J., presiding. On trial the attorney for the government introduced testimony tending to prove three distinct sales of spirituous liquors by the respondent at different times, and then offered farther testimony tending to prove sales of spirituous liquors by him at other times. To this last testimony the respondent objected ; but it was admitted by the court. The counsel for the respondent, after having argued to the jury the questions of law as well as of fact, requested the…

1DissentBennett, J.

The question mainly discussed in this case is important; and as I do not concur in the opinion expressed, I shall state somewhat at length the grounds of my dissent.

But before I proceed to the main question, I would observe, that let that be disposed of as it may, it appears to me to be an anomaly-in judicial proceeding, to reverse the judgment of the court below, on this bill of exceptions. The court, it appears, charged the jury correctly as to the law of the case, and to the satisfaction of the respondent ; but the complaint is, that, after this, the court told the jury, in substance, that…

2Cases cited9 opinions

  1. Morse v. CrawfordSupreme Court of Vermont · 1845
  2. Townsend v. StateIndiana Supreme Court · 1828
  3. State v. JonesSupreme Court of Alabama · 1843
  4. State v. WilkinsonSupreme Court of Vermont · 1829
  5. Faw v. Roberdeau'sSupreme Court of the United States · 1805

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API