Legal Opinion

State v. Cray

Supreme Court of Vermont

Decided October 9, 1911PublishedCited by 7 opinions

Information for distributing a trial sample of medicine in violation of P. S. 5902. Plea, not guilty. Trial by the City Court of Burlington on March 9, 1911, Mower, Judge. Judgment that the respondent is guilty, to which he excepted. The opinion states the case. The court below made no error. This case is governed by State v. Gilmore, 80 Vt. 514. The question of intent is not material.

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Information for distributing a trial sample of medicine in violation of P. S. 5902. Plea, not guilty. Trial by the City Court of Burlington on March 9, 1911, Mower, Judge. Judgment that the respondent is guilty, to which he excepted. The opinion states the case. The court below made no error. This case is governed by State v. Gilmore, 80 Vt. 514. The question of intent is not material. If the State has to prove criminal intent in violation of police regulations, the public health and morals would not be adequately protected. State v. Perkins, 42 Vt. 399; State v. Tomassi, 67 Vt. 312; State v.…

1Opinion of the CourtWatson, J.

The respondent is complained against for distributing and causing to be distributed at Burlington, on the day named, a free sample of a certain medicine known as “DeWitt Kidney and Bladder Pills” by handing the same to one Rosie Parrotti,a child of the age of four years, in violation of the provisions of P. S. 5902. By that section, “A person, firm or corporation that distributes or causes to be distributed a free or trial sample of a medicine, drug, chemical or chemical compound, by leaving the same exposed upon the groond, sidewalks, porch, doorway, letter box or in any other manner, that…

2Cases cited4 opinions

  1. Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
  2. State v. GilmoreSupreme Court of Vermont · 1908
  3. State v. Vermont Central RailroadSupreme Court of Vermont · 1854
  4. Sargent v. GeorgeSupreme Court of Vermont · 1884

3Cited by7 opinions

  1. Abednego v. St. Croix Alumina, LLCSuperior Court of The Virgin Islands · 2015
  2. Stoddard Brothers v. HowardSupreme Court of Vermont · 1928
  3. Vermont v. CattanachSupreme Court of Vermont · 1970
  4. State v. JohnsonNorth Dakota Supreme Court · 1958
  5. Pilgrim Plywood Corp. v. MelendySupreme Court of Vermont · 1938

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