Legal Opinion

Barnes v. State

Supreme Court of Connecticut

Decided June 15, 1849PublishedCited by 56 opinions

in ERROR. This was a complaint, made by a grand-juror, to a justice of the peace, containing three counts. The first count alleged, that Alphonso Barnes, on the 15th of January, 184®, at Bristol, did sell, and offer to sell, by himself and an agent, wines, spiritous liquor and other intoxicating beverage, to one Boylston Whitney of said Bristol, - he being then and there addicted to habits of intoxication ; and said Alphonso Barnes then and there knowing him to be so…

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in ERROR. This was a complaint, made by a grand-juror, to a justice of the peace, containing three counts. The first count alleged, that Alphonso Barnes, on the 15th of January, 184®, at Bristol, did sell, and offer to sell, by himself and an agent, wines, spiritous liquor and other intoxicating beverage, to one Boylston Whitney of said Bristol, - he being then and there addicted to habits of intoxication ; and said Alphonso Barnes then and there knowing him to be so addicted ; and said Boylston Whitney, being also then and there a common drunkard. The second count was like the first, except…

1Opinion of the CourtEllsworth, J.

We have no doubt, that the justice who tried this cause, had jurisdiction to impose as many fines of ten dollars each, as there are distinct counts in the information. The statute of 1846, and the revised statutes of 1849, expressly give this jurisdiction to the justice, so that the general limitation of a justice to seven dollars in criminal cases, is not the rule in this instance. The legislature have seen fit to make this modification of the general law , and we perceive no valid objection to carrying out their declared will.

Nor can we doubt that a justice of the peace having jurisdiction,…

2Cited by56 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. People v. RobyMichigan Supreme Court · 1884
  3. Dawkins v. StateCourt of Appeals of Maryland · 1988
  4. State v. SulSupreme Court of Connecticut · 1958
  5. People v. RostadSupreme Court of Colorado · 1983

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