State v. Havey
Supreme Court of New Hampshire
Indictment, for keeping spirituous liquors for sale on the 5th day of October, 1877. At a preceding term of court the respondent was tried twice upon this indictment, the jury failing to agree upon a verdict at either trial.
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Indictment, for keeping spirituous liquors for sale on the 5th day of October, 1877. At a preceding term of court the respondent was tried twice upon this indictment, the jury failing to agree upon a verdict at either trial. Upon the former trials, the prosecuting officer introduced no evidence tending to show a keeping of liquor for sale prior to May 1, 1877, having informed the respondent’s counsel, in answer to their inquiries, that the state’s evidence would be thus limited. At this term the respondent moved the court to limit a time before the finding of the indictment to which the state…
1Opinion of the CourtFoster, J.
As there may be a sale without an offer to sell (Williams v. Tappan, 23 N. H. 385, 391), so there may be a keeping for sale without a sale or an offer to sell. Keeping spirituous liquor for sale is having possession and control of it with intent and readiness to make a sale or sales,' — a combination of the means and purpose of being a vendor. It may be a long-continued , practice or occupation : it may be instantaneous. It may be proved by evidence of a series of sales or other acts. Like the possession of counterfeit money with a fraudulent intent (Gen. Laws, c. 276, ss. 5, 9), it is a…
2Cited by3 opinions
- State v. SpadeSupreme Court of New Hampshire · 1978
- State v. KennardSupreme Court of New Hampshire · 1906
- State v. WelchSupreme Court of New Hampshire · 1888