State v. Adams
Supreme Court of New Hampshire
Indictment, against George H. Adams and Charles G. Adams, for being “ common sellers of spirituous liquors.” The State offered evidence that the respondents were common sellers of ale, porter, and cider; and that these liquors contained from four to ten per cent, of alcohol, which could be separated from them merely by distillation. To this evidence the respondents objected, — alleging that ale, porter, and cider, not being distilled spirits, are not “ spirituous liquor.”
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Indictment, against George H. Adams and Charles G. Adams, for being “ common sellers of spirituous liquors.” The State offered evidence that the respondents were common sellers of ale, porter, and cider; and that these liquors contained from four to ten per cent, of alcohol, which could be separated from them merely by distillation. To this evidence the respondents objected, — alleging that ale, porter, and cider, not being distilled spirits, are not “ spirituous liquor.” The questions thus arising were reserved.
1Opinion of the CourtSjiith, J.
“ If any person * * * * shall be a common seller of spirituous liquor, he shall be fined,” &c. Gen. Stats., ch. 99, sec. 14. In the first chapter of the General Statutes, it is enacted that in construing statutes the words “ spirituous liquor” shall be taken to include intoxicating liquor, and all mixed liquor, any part of which is spirituous or intoxicating. Gen. Stats., ch. 1, secs. 1 and 31. The resppndents have not contended that ale, porter, and cider are not intoxicating liquors, or that the sale of those liquors is not prohibited by the statute. But they say that this indictment does…
2Cases cited4 opinions
- Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
- Smith v. StateSupreme Court of Connecticut · 1849
- People v. CrilleyNew York Supreme Court · 1855
- State v. MooreIndiana Supreme Court · 1839
3Cited by1 opinion
- Town of Rye v. CiborowskiSupreme Court of New Hampshire · 1971