Legal Opinion

State v. Abbott

Superior Court of New Hampshire

Decided July 15, 1855PublishedCited by 1 opinion

Indictment, for a breach of the license laws. The respondent was convicted upon four indictments, numbered for the purposes of this case, 1, 2, 3, 4. No. 1 charges that the said Abbott, on &c., at &c., “ being then and there licensed to sell wine and spirituous liquors, for medicinal, mechanical, and chemical purposes only ; did then and there unlawfully sell one gallon of spirituous liquor to one Gideon Blake, contrary to the form of the statute,” &c.

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Indictment, for a breach of the license laws. The respondent was convicted upon four indictments, numbered for the purposes of this case, 1, 2, 3, 4. No. 1 charges that the said Abbott, on &c., at &c., “ being then and there licensed to sell wine and spirituous liquors, for medicinal, mechanical, and chemical purposes only ; did then and there unlawfully sell one gallon of spirituous liquor to one Gideon Blake, contrary to the form of the statute,” &c. No. 2 is like No. 1, but is for a sale to one Samuel E. Blake. No. 3 avers a license, as in No. 1, and then alleges that said Abbott “ did…

1Opinion of the CourtEastman, J.

In The State v. Perkins, 6 Foster’s Rep. 9, it was held that a person who is licensed to sell wine and spirituous liquors, under the act of 1849, for medicinal, mechanical and chemical purposes, and for no other use or purpose, is liable to a penalty, if he sells spirituous liquors for any other purpose than those specified in the act. This respondent, Abbott, was indicted under the same act, and upon that decision is liable to penalties, if the indictments against him are sufficient.

It is objected that the indictments do not allege that the defendant “ wilfully ” sold the liquors, and that…

2Cases cited11 opinions

  1. De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
  2. State v. MungerSupreme Court of Vermont · 1843
  3. United States v. LancasterU.S. Circuit Court for the District of Illinois · 1841
  4. Whiting v. StateSupreme Court of Connecticut · 1842
  5. Teel v. YellisNew York Supreme Court · 1809

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3Cited by1 opinion

  1. Booth v. United StatesCourt of Appeals for the Ninth Circuit · 1912

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