State v. Wade
Supreme Court of Vermont
Complaint for keeping a common nuisance in violation of the prohibitory liquor law. Trial by jury at the September term, Washington county, 1888, Tyler, J., presiding. Yerdict, guilty. The defendant excepts.
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Complaint for keeping a common nuisance in violation of the prohibitory liquor law. Trial by jury at the September term, Washington county, 1888, Tyler, J., presiding. Yerdict, guilty. The defendant excepts. The exceptions were as follows : “ On the trial the prosecution did not offer any evidence tending to show any sales made by the respondent; but introduced evidence that the sheriff and his assistants searched the place named in the complaint and there found a bottle of whiskey in the hands of the respondent, who was just coming out of the cellar'; that he had in his other hand a two…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
This was a complaint for keeping as a common nuisance, a room where intoxicating liquors were unlawfully sold, furnished, or given away, or kept for such purpose. The only error of which the respondent complains was the refusal of the court to comply with his requests for instructions to the jury. They were fourteen in number. The first, second, and fifth were complied with, and the eighth was waived. In a jury trial it is. the duty of the court to instruct the jury as to the rules of law applicable to the facts which the testimony in the case…
2Cases cited2 opinions
- State v. Intoxicating LiquorSupreme Court of Vermont · 1883
- Jones & Tibbets v. HardSupreme Court of Vermont · 1860
3Cited by3 opinions
- State v. HudonSupreme Court of Vermont · 1930
- State v. McGuireSupreme Court of Vermont · 1931
- State v. BemisSupreme Court of Vermont · 1917