Lynch v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Radford. In this case there was a, trial by jury and a verdict finding the accused guilty of offering ardent spirits for sale, contrary to the statute (sec. 3 of the prohibition act of 1918, Acts 1918, p. 578), and fixing the punishment of the accused in accordance with another section of the same act. Whereupon the accused moved the court to set aside the verdict as contrary to the law and the evidence.
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Error to a judgment of the Corporation Court of the city of Radford. In this case there was a, trial by jury and a verdict finding the accused guilty of offering ardent spirits for sale, contrary to the statute (sec. 3 of the prohibition act of 1918, Acts 1918, p. 578), and fixing the punishment of the accused in accordance with another section of the same act. Whereupon the accused moved the court to set aside the verdict as contrary to the law and the evidence. This motion the court overruled, entered judgment, and sentenced the accused in accordance with the verdict of the jury. The sole…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The sole question presented for our decision by the assignment of error in this case is as follows:
[1] 1. Is the ability, at the time an offer to sell ardent spirits is made, to complete the sale in accordance with the offer, an essential element of the statutory offense of offering ardent spirits for sale?
The question must be answered in the negative.
It is elementary that an actual offer to sell anything is in itself an implied representation on the part of the person making the offer that he either…
2Cases cited3 opinions
- Hicks v. CommonwealthSupreme Court of Virginia · 1889
- Berkeley v. CommonwealthSupreme Court of Virginia · 1892
- First Nat. Bank of Alexandria v. Turnbull & Co.Supreme Court of Virginia · 1880
3Cited by14 opinions
- Howard v. CommonwealthSupreme Court of Virginia · 1966
- Carter v. Com.Supreme Court of Virginia · 2005
- Collins v. City of RadfordSupreme Court of Virginia · 1922
- Dixon v. CommonwealthSupreme Court of Virginia · 1934
- Carter v. CommonwealthCourt of Appeals of Virginia · 2004
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