State v. Intoxicating Liquors
Supreme Court of Vermont
Three cases were heard and tried together, the first being State v. Six Barrels Intoxicating Liquor; James Kelly, Claimant. This was a proceeding under § 22, chapter 94, of the General Statutes relating to the seizure of intoxicating liquors. The-claimant filed a written motion to quash the proceedings.
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Three cases were heard and tried together, the first being State v. Six Barrels Intoxicating Liquor; James Kelly, Claimant. This was a proceeding under § 22, chapter 94, of the General Statutes relating to the seizure of intoxicating liquors. The-claimant filed a written motion to quash the proceedings. On trial upon said motion, it was conceded by the prosecuting attorney as part of the case, that at the time the original complaint was signed, and at the time the signers made oath to it before the justice who issued the warrant, it contained the word “ occupied ” and no other, between the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
So far as the motions to quash in each of these cases are founded upon matters not apparent upon the face of the proceedings and no trial of fact has been had upoir them without objection, they are not of any effect to raise any question upon such extraneous matters. The rule appears to have been established early that all such matters must be alleged in a traversable form by plea unless some statute expressly provided otherwise; and that rule appears to have been uniformly followed where any question has been made about the method of…
2Cases cited1 opinion
- Bellows v. WeeksSupreme Court of Vermont · 1869
3Cited by9 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Jackson v. StateSupreme Court of Florida · 1924
- State v. TeahanSupreme Court of Connecticut · 1882
- Town of Ripton v. Town of BrandonSupreme Court of Vermont · 1907
- State v. SpauldingSupreme Court of Vermont · 1887
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