State v. Colby
Supreme Court of New Hampshire
INDICTMENT, charging the respondent with selling pne pint of spirituous liquor to one Ellen P. Cheney, August 7, 1874. At the trial, before Smith, J., Mrs. Mary Angelí, a witness for the state, testified that on August 7, 1874, she went to the dwelling-house of the respondent, in Sunapee, in company with Mrs. Ellen P. Cheney, to whom, she testified, the respondent’s wife sold one pint of rum.
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INDICTMENT, charging the respondent with selling pne pint of spirituous liquor to one Ellen P. Cheney, August 7, 1874. At the trial, before Smith, J., Mrs. Mary Angelí, a witness for the state, testified that on August 7, 1874, she went to the dwelling-house of the respondent, in Sunapee, in company with Mrs. Ellen P. Cheney, to whom, she testified, the respondent’s wife sold one pint of rum. The witness, subject to the respondent’s exception, then testified as follows : “We both asked them both [Colby and wife] if Mr. Cheney [husband of Ellen P. Cheney] had been there that day after rum. He…
1Concurrence
I fully agree that the exceptions in this case must be overruled. The testimony of Mrs. Angell, tending to show admissions by the defendant that he was at that time engaged in the business of selling liquor at his dwelling-house, was properly admitted on the question whether the sale charged in the indictment was made by him through the agency of his wife, or by her in the prosecution of a separate business in which she was engaged. State v. Bonney, 39 N.H. 206.
As to the testimony of Mrs. Cheney, to the effect that she told the defendant's wife, while drawing the liquor, that she did not want…
2Cases cited1 opinion
- State v. BonneySupreme Court of New Hampshire · 1859