Legal Opinion

State v. Ryan

Supreme Court of New Hampshire

Decided December 5, 1899PublishedCited by 7 opinions

Indictment, for furnishing oleomargarine in the place of butter to a guest of the defendant’s hotel, in violation of section 3, chapter 115, Laws 1895, enacting that it shall be unlawful for any person to furnish or cause to be furnished, in any hotel, etc., to any guest or patron, oleomargarine, butterine, or any similar substance, without first notifying such guest or patron that the substance so furnished is not butter. Trial by jury, and verdict for the state.

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Indictment, for furnishing oleomargarine in the place of butter to a guest of the defendant’s hotel, in violation of section 3, chapter 115, Laws 1895, enacting that it shall be unlawful for any person to furnish or cause to be furnished, in any hotel, etc., to any guest or patron, oleomargarine, butterine, or any similar substance, without first notifying such guest or patron that the substance so furnished is not butter. Trial by jury, and verdict for the state. The defendant excepted to the refusal of the court to instruct the jury that the state must prove that he knowingly and…

1Opinion of the CourtBlodgett, C. J.

The mstructions requested by the defendant were properly denied.

It is true that “ in the earlier history of the common law only such acts were deemed criminal as had m them the vicious element of an unlawful intent, indicating a deviation from moral rectitude; but this quality has ceased to be essential, and now acts unobjectionable M a moral view, except so far as bemg prohibited by law makes them so, constitute a considerable portion of the criminal code. In such statutes the act is expressly prolfibited, without reference to the intent or purpose of the party committing it, and is usually…

2Cases cited2 opinions

  1. Commonwealth v. UhrigMassachusetts Supreme Judicial Court · 1885
  2. Commonwealth v. SaveryMassachusetts Supreme Judicial Court · 1887

3Cited by7 opinions

  1. State v. MilletteSupreme Court of New Hampshire · 1972
  2. Groff v. StateIndiana Supreme Court · 1908
  3. Bowdler v. St. Johnsbury Trucking Co.Supreme Court of New Hampshire · 1937
  4. State v. YosuaSupreme Court of New Hampshire · 1940
  5. Coulombe v. EastmanSupreme Court of New Hampshire · 1914

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