Legal Opinion

State v. Spaulding

Supreme Court of Vermont

Decided February 15, 1889PublishedCited by 11 opinions

This was a complaint to a justice of the peace, and came by appeal into the County Court, where it was tried by jury at the-December Term, .1888, Powers, (J., presiding. Verdict, hot guilty on the first count; guilty óf five offenses on the second count. The complaint was in two counts.

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This was a complaint to a justice of the peace, and came by appeal into the County Court, where it was tried by jury at the-December Term, .1888, Powers, (J., presiding. Verdict, hot guilty on the first count; guilty óf five offenses on the second count. The complaint was in two counts. The first count charged' the respondent with selling, furnishing and giving away intoxicating liquor without authority, following the form prescribed in R. L. s. 3859. The second count was as follows: “ And said attorney, upon his oath aforesaid, further complaint makes, that said Nancy Spaulding at HartlaUd,…

1Opinion of the Court

The opinion of thé court was delivered by

Yeazey, J.

I. The testimony of Ashworth was proper. One ■question on the trial was whether the respondent’s dwelling house was a place of public resort! The witness had testified that he went there to get wine, and got it and paid for it. Did he go as a neighbor in a country district might go to another for an accommodation in the particular instance, as for salt or ; sugar, or did he go as one going to a store or saloon where he had reason to expect to find the particular article was kept for sale as a business \ The question why he expected to get…

2Cases cited2 opinions

  1. State v. FreemanSupreme Court of Vermont · 1855
  2. State v. HaynesSupreme Court of Vermont · 1863

3Cited by11 opinions

  1. Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
  2. Tooke v. StateCourt of Appeals of Georgia · 1908
  3. State v. FredericksonSupreme Judicial Court of Maine · 1905
  4. State v. HemrichWashington Supreme Court · 1916
  5. Lynch's Admr. v. MurraySupreme Court of Vermont · 1912

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