State v. Holmes
Supreme Court of New Hampshire
Indictment, for selling intoxicating liquors contrary to the statute of 1855. On trial, it appeared that the sale was made in October, 1855. The defendant produced a license, dated June 18, 1855, signed by the selectmen of the town in which the sale was made, authorizing him “to sell wine and spirituous liquors, for medicinal, mechanical and chemical purposes, and no other use or purpose, until the first day of April next.”
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Indictment, for selling intoxicating liquors contrary to the statute of 1855. On trial, it appeared that the sale was made in October, 1855. The defendant produced a license, dated June 18, 1855, signed by the selectmen of the town in which the sale was made, authorizing him “to sell wine and spirituous liquors, for medicinal, mechanical and chemical purposes, and no other use or purpose, until the first day of April next.” Objection was made to this evidence, upon the ground that the statute authorizing Buch license was repealed before the sale, by .the act of 1855. The court ruled that the…
1Opinion of the Court
Perley, O. J.
The license under which the defendant justified his sale of spirituous liquors was granted under *226the statute of 1849; the sale was made after that statute was repealed by the act of 1855, and before the time limited in the license had expired. The statute of 1855 enacted that it should be unlawful and criminal to sell spirituous liquors contrary to the provisions of that statute, and punished the unlawful sale with a penalty. The terms of the act leave no room to doubt that the intention of the legislature was to prohibit all sales of spirituous liquors not authorized by the…
2Cases cited2 opinions
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Hutcheson v. Heirs of McNuttOhio Supreme Court · 1821
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