Legal Opinion

State v. Peckham

Supreme Court of Rhode Island

Decided September 15, 1838PublishedCited by 4 opinions

This was an indictment for a -violation, of the license laws of the State, found at the present term. The petit jury returned a special verdict, and upon that arose the questions raised at the Bar, and decided by the Court.

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This was an indictment for a -violation, of the license laws of the State, found at the present term. The petit jury returned a special verdict, and upon that arose the questions raised at the Bar, and decided by the Court. That verdict was as follows: “ The Jiu-ors impanelled to try said Indictment upon their oaths say-That on or about the 20th of April, A. D. 1838, Victor Barcelow, a merchant, residing in the city, county and State of New York, imported from France, upon the order of John J. Stimson and Almon D. Hodges, wine merchants, doing business in company in the name and style of…

1Opinion of the CourtDuress, C. J.

The desire expressed by the counsel on both sides, for an immediate decision of this case, has obliged the Court to present the results to which it has come, rather than an extended opinion, on the question submitted to its consideration.

We are of opinion that the wine in question was sold in violation of a regulation of the city of Providence, prohibitory to a certain extent, adopted by force of a resolution of the freemen thereof, pursuant to the acts of January and June, 1838, relating to the licensing of the sale of wine and strong liquors. Those acts are essentially prohibitory or…

2Cited by4 opinions

  1. State v. VinagroSupreme Court of Rhode Island · 1981
  2. McLean v. BryerSupreme Court of Rhode Island · 1903
  3. Aptt v. City of Warwick Building DepartmentSupreme Court of Rhode Island · 1983
  4. O'Neil v. Providence Amusement Co.Supreme Court of Rhode Island · 1920

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