State v. Fagan
Supreme Court of New Hampshire
Indictment, under Gen. Laws, c. 109, s. 15, for keeping lager beer for sale, as a “subsequent offence.” The defendant excepted to the admission of the record showing a judgment rendered against him 011 an indictment for a like offence to which he had pleaded nolo contendere.
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Indictment, under Gen. Laws, c. 109, s. 15, for keeping lager beer for sale, as a “subsequent offence.” The defendant excepted to the admission of the record showing a judgment rendered against him 011 an indictment for a like offence to which he had pleaded nolo contendere. The question whether the statute of limitations is applicable to evidence of the previous offence, was raised in this case, and disposed of by the judgment in State v. Adams, decided this term in this county. A subsequent offence necessarily implies a conviction for a former offence, and a plea of guilty by a defendant is…
1Opinion of the CourtDoe, C. J.
We need not inquire whether the defendant’s plea of nolo contendere would be admissible evidence against Kim in a suit between him and some other party than the state. In a suit brought against him by his lessor for selling intoxicating liquor in violation of covenant, the plaintiff would not be bound by the defendant’s acquittal in a criminal prosecution for the same act. In this. case, the parties are the. same as in the case in which the judgment was rendered; and the decisive thing is not the former plea, but the former judgment. The judgment recovered by the state is not a compromise in…
2Cited by7 opinions
- Neibling v. TerrySupreme Court of Missouri · 1944
- State Ex Rel. Clark v. AdamsWest Virginia Supreme Court · 1959
- State v. SuickWisconsin Supreme Court · 1928
- State v. JohnsonSupreme Court of New Hampshire · 1991
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1895
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