Legal Opinion

State v. Woodward

Supreme Court of Vermont

Decided September 15, 1853PublishedCited by 8 opinions

Indictment for a breach of the license law. There were sev«ral counts in the indictment, but they were similar in all respects, except as to the time of selling, and after the formal part, were in the form following: “that Harvey H. Woodward of Royalton, in “ said County of Windsor, on the first day of January, A. D. 1851, “ became a dealer in intoxicating liquors at said Royalton, without “ haying a license therefor in force, and did then and there sell and “furnish…

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Indictment for a breach of the license law. There were sev«ral counts in the indictment, but they were similar in all respects, except as to the time of selling, and after the formal part, were in the form following: “that Harvey H. Woodward of Royalton, in “ said County of Windsor, on the first day of January, A. D. 1851, “ became a dealer in intoxicating liquors at said Royalton, without “ haying a license therefor in force, and did then and there sell and “furnish intoxicating liquors in a less quantity than twenty gallons, “ contrary to the form, force, and effect of the statute in such…

1Opinion of the Court

■The opinion of tbe court was delivered by

Bennett, J.

This case comes up upon' exceptions to the ruling of tbe County Court, upon a motion in arrest, for the insufficiency of the indictment. The seventh section of tbe act of 1850, (Comp. Stat. 506,) upon which 'this prosecution was grounded, makes it an offence to sell, or furnish intoxicating liquors, in a quantity less than twenty gallons, at any one time; the person doing it, not having a license therefor. Suppose that we hold, that either selling or 'furnishing without a license, constitutes a separate and distinct of-fence, and this…

2Cited by8 opinions

  1. State v. SchweiterSupreme Court of Kansas · 1882
  2. State v. BarrSupreme Court of Vermont · 1966
  3. State v. CioccaSupreme Court of Vermont · 1965
  4. State v. MurphySupreme Court of Missouri · 1871
  5. State v. CameronSupreme Court of Missouri · 1893

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