State v. Parker
Supreme Court of Vermont
This was an Information in one count, filed by the State’s attorney under the license or liquor law passed at the October session of the legislature in 1852, and approved November 23, 1852. Plea, not guilty and trial by jury. The evidence tended to prove four distinct offences. The counsel for the respondent, requested the court to charge the jury that under the information they could not find the respondent guilty of more than one offence.
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This was an Information in one count, filed by the State’s attorney under the license or liquor law passed at the October session of the legislature in 1852, and approved November 23, 1852. Plea, not guilty and trial by jury. The evidence tended to prove four distinct offences. The counsel for the respondent, requested the court to charge the jury that under the information they could not find the respondent guilty of more than one offence. The court, — Collamer, J-, presiding, — declined so to charge, and did charge the jury that the testimony tended to prove four distinct offences, and if…
1Opinion of the Court
The opinion of the court was delivered by'
Redfield, Ch. J.
This was an indictment for selling and giving away spiritous liquors, contrary to the statute of 1852. One ground of exception to the conviction, was the unconstitutionality of the law of 1852, by reason of its being submitted to the people at what time the law should come in force. It was provided, in the statute, that it should come in force on the second Tuesday of March, 1853 ; with a proviso, that the meetings of the freemen of the state should be holden on the second Tuesday of February, 1853, to vote upon “Their judgment and…
2Cases cited3 opinions
- Bancroft v. DumasSupreme Court of Vermont · 1849
- Riegel v. State Ex Rel. WeaverOhio Court of Appeals · 1926
- Johnson v. RichNew York Supreme Court · 1851
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- The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
- Weight v. CunninghamTennessee Supreme Court · 1905
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
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