State v. Whitney
Supreme Court of Vermont
This was an indictment for selling spirituous liquors by small measure, which charged, — “ That Benjamin Whitney, ‘of Castleton in the county of Rutland aforesaid, on the first e day of August, in the year of our Lord, one thousand * eight hundred and forty two, at his, the said Benjamin ‘Whitney’s dwelling house in-Castleton aforesaid, sell and ‘ dispose of, to divers persons, foreign and domestic distill— ‘ ed spirituous liquors, in a less quantity than one pint, to ‘ wit,…
Read the full summary
This was an indictment for selling spirituous liquors by small measure, which charged, — “ That Benjamin Whitney, ‘of Castleton in the county of Rutland aforesaid, on the first e day of August, in the year of our Lord, one thousand * eight hundred and forty two, at his, the said Benjamin ‘Whitney’s dwelling house in-Castleton aforesaid, sell and ‘ dispose of, to divers persons, foreign and domestic distill— ‘ ed spirituous liquors, in a less quantity than one pint, to ‘ wit, by the gill, half gill and half pint, he, the said Benja- ‘ min Whitney, not having a license to sell such liquors as ‘…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We have had, at the present term of the court, an indictment before us, (State v. Munger) which was exposed to many of the objections, that are, and might be, raised to this. So far as the objections are the same, in the two cases, we need not repeat what was said in that case. We will only consider the points, wherein they differ. It is said, the omission of the auxiliary verb, did, which should have been joined with the verb, sell, (the use of which is as a helper to form the modes and tenses of other verbs) is fatal ; that without it,…
2Cited by6 opinions
- Cook v. StateMississippi Supreme Court · 1895
- Druggist CasesTennessee Supreme Court · 1887
- Edwards v. StateIndiana Supreme Court · 1942
- Caesar v. StateSupreme Court of Florida · 1905
- State v. HinesSupreme Court of Rhode Island · 1880
1 more not listed; retrieve them via the Exa API.