State v. Labrecque
Supreme Court of New Hampshire
Appeal, from the Lincoln municipal court. Trial by the court. The complaint charged a sale of spirituous liquor. It was agreed that the defendant sold “Uno” beer, a fermented liquor containing 66/ioo'of one per cent of alcohol, by volume at 60 degrees Fahrenheit. The amount of alcohol contained in the beer is so small that the beer is not intoxicating. Subject to exception, the court ruled that the defendant was guilty.
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Appeal, from the Lincoln municipal court. Trial by the court. The complaint charged a sale of spirituous liquor. It was agreed that the defendant sold “Uno” beer, a fermented liquor containing 66/ioo'of one per cent of alcohol, by volume at 60 degrees Fahrenheit. The amount of alcohol contained in the beer is so small that the beer is not intoxicating. Subject to exception, the court ruled that the defendant was guilty. Transferred from the January term, 1916, of the superior court by Chamberlin, J.
1Opinion of the CourtPeaslee, J.
“By the word ‘spirit/ ‘spirituous liquors/ or ‘intoxicating liquor/ shall be intended all distilled liquors, or rectified spirits, vin[o]us, fermented, brewed, and malt liquors and wines, and any beverage, by whatever name called, containing more than one per cent of alcohol by volume at 60 degrees Fahrenheit.” Laws 1903, c. 122, s. 5.
“In the statute here under consideration, we are of the opinion that the legislature prohibited the sale or keeping for sale of ‘spirituous or distilled liquors, rectified spirits, vinous, fermented, brewed, or malt liquors, [and] wines/ because it believed…
2Cases cited2 opinions
- Carter v. CraigSupreme Court of New Hampshire · 1914
- State v. YorkSupreme Court of New Hampshire · 1907
3Cited by2 opinions
- Ver Wilst v. StateIndiana Supreme Court · 1928
- VerWilst v. StateIndiana Supreme Court · 1928