State v. Preston
Supreme Court of Vermont
Indictment under s. 18, c. 94 of the Gen. Sts. for illegally selling cider in the respondent’s grocery. General demurrer to indictment.
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Indictment under s. 18, c. 94 of the Gen. Sts. for illegally selling cider in the respondent’s grocery. General demurrer to indictment. On argument of the demurrer at the September Term, 1873, PecK, J., presiding, the respondent’s counsel insisted -that said section did not apply to the sale of cider unless sold to an habitual drunkard, and claimed that the words, “ in the last proviso of this section,” and in the clause imposing a fine of ten dollars, could not be construed to include the sale of cider in any victualing house, &o., or other place of public resort, so as to have the penalty…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In view of obvious misapprehension on the part of counsel who have argued this cause for respondent, it seems proper to be remarked, that when the bill of exceptions designates and specifies the point or points embraced within the judgment of the County Court, upon which alone question was made and exception taken, this court will consider only such question and exception.
*13It is not the proper function of this court to entertain points which the exceptions show not to have been made in the County Court. It is-to be assumed where specific…
2Cited by7 opinions
- State v. HoodSupreme Court of Vermont · 1963
- LaFlam v. Missisquoi Pulp Co.Supreme Court of Vermont · 1902
- State v. OliverWest Virginia Supreme Court · 1885
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Crane v. DarlingSupreme Court of Vermont · 1899
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