State v. Corrigan
Supreme Court of Connecticut
This was a complaint, preferred by Leonard Burrows, as a grand-juror of the town of Middletown, to a justice of the • peace, against James Corrigan, for selling spirituous liquor, contrary to the statute.
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This was a complaint, preferred by Leonard Burrows, as a grand-juror of the town of Middletown, to a justice of the • peace, against James Corrigan, for selling spirituous liquor, contrary to the statute. The complaint stated, that “ on the 6th day of August, A. D. 1855, at said Middletown, said Corrigan, now of said Middletown, with force and arms, by himself, or by his agent, did sell and deliver to one Hugh Hannegan, of said Middle-town, a quantity of spirituous or intoxicating liquor, to wit, the quantity of one pint, against the peace,” &e. After a trial, and conviction before the…
1Opinion of the CourtStorrs, J.
The question is, whether the complaint in this case is sufficient. The first section of the act, on which it is brought, provides that no person shall sell, “ by himself his servant or agent,” any spirituous or intoxicating liquor, &c., (Stat., p. 817,) and the complaint alleges that the defendant, “ by himself or by his agent,” did sell, &c. The defendant claims that this allegation is bad for uncertainty, because it is stated in an alternative, or disjunctive form. The act does not prescribe the form for a complaint under that section, and therefore its validity depends on the general…
2Cited by5 opinions
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