Legal Opinion

State v. Costa

Supreme Court of Vermont

Decided November 20, 1905PublishedCited by 11 opinions

Information for keeping intoxicating liquor with intent to sell the same without authority. Plea, not guilty. Trial By jury at 'the June Term, 1905, Caledonia County, Mun-son, J., presiding. Verdict, guilty; judgment and sentence thereon. The respondent excepted. Respondent’s defence was that he did not keep the malt ■extract for sale as a beverage, but kept it for sale, and sold it, only as a medicine. Our liquor law does not apply to the sale of medicinal preparations.

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Information for keeping intoxicating liquor with intent to sell the same without authority. Plea, not guilty. Trial By jury at 'the June Term, 1905, Caledonia County, Mun-son, J., presiding. Verdict, guilty; judgment and sentence thereon. The respondent excepted. Respondent’s defence was that he did not keep the malt ■extract for sale as a beverage, but kept it for sale, and sold it, only as a medicine. Our liquor law does not apply to the sale of medicinal preparations. Russell v. Sloame, 33 Vt. 656; Fober v. Green, 72 Vt. 117; State v. Keser, 74 Vt. 507 Carl v. State, 87 Ala. U- The fact…

1Opinion of the CourtHasElTon, J.

This was an information for keeping intoxicating liquor with intent to sell the same without authority. The evidence on the part of the State tended to show that the respondent kept a fruit and cigar store “and sold soda and soft drinks,”' and that June 24, 1903, one A. H. Noyes searched said store and found in the cellar a large quantity of “Red Cross Canada Malt Extract” put up in pint bottles, and that he found three bottles of the same on a shelf in the store, and one bottle in the show window. The time of this search is the time of the alleged offence. Noyes testified, under *203objection…

2Cases cited9 opinions

  1. State v. KrinskiSupreme Court of Vermont · 1905
  2. Carlisle v. Town of SheldonSupreme Court of Vermont · 1866
  3. State v. BlaySupreme Court of Vermont · 1904
  4. State v. WhiteSupreme Court of Vermont · 1897
  5. Russell v. SloanSupreme Court of Vermont · 1861

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

3Cited by11 opinions

  1. State v. ShawSupreme Court of Vermont · 1915
  2. Commonwealth v. SookeyMassachusetts Supreme Judicial Court · 1920
  3. State v. MarstonSupreme Court of Vermont · 1909
  4. Powell v. StateCourt of Appeals of Maryland · 1941
  5. State v. CollinsSupreme Court of Rhode Island · 1907

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

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