State v. Coombs
Supreme Judicial Court of Maine
Exceptions from the District Court, Rice, J. Complaint, dated October 1, 1850, for selling intoxicating liquor, on the 30th of September, 1850. The defendant was found guilty, and sentenced to pay a fine of $20. From that judgment he appealed to the District Court.
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Exceptions from the District Court, Rice, J. Complaint, dated October 1, 1850, for selling intoxicating liquor, on the 30th of September, 1850. The defendant was found guilty, and sentenced to pay a fine of $20. From that judgment he appealed to the District Court. Afterwards at the term of the said court, held on the fourth Tuesday of the same October, the defendant was indicted for being a common seller of such liquors on said 30th of September, and on divers other days between that time and the findihg of said indictment. To the indictment he pleaded nolo contendere. After that proceeding,…
1Opinion of the Court
Wells, J.,
orally.—A single act of selling is an offence. Presuming to be a common seller is a different and higher offence. Both of these offences have their different and appropriate punishments. In the trial for common selling, the single acts of sale are not prosecuted. They are shown merely as evidence of the larger crime. Such proceedings do not expose to a second punishment for the same offence.
Exceptions overruled.
2Cited by4 opinions
- State v. BarberCourt of Appeals of Kansas · 1896
- Grady v. CorbinSupreme Court of the United States · 1990
- Grady v. CorbinSupreme Court of the United States · 1990
- State v. MoreheadSupreme Court of Rhode Island · 1900