Pierce v. State
Superior Court of New Hampshire
' In Error. At the January term of the court of common pleas, the plaintiffs in error were indicted for a violation of the provisions of the act regulating the sale of wine and spirituous liquors.
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' In Error. At the January term of the court of common pleas, the plaintiffs in error were indicted for a violation of the provisions of the act regulating the sale of wine and spirituous liquors. The indictment alleged that on the 20th of January, 1842, they did unlawfully, wilfully, and without license from the selectmen of Dover, where thejr resided, sell to one Aaron Sias one barrel of gin, for the price of f 11.85, contrary to the form of the statute, &c.; to which they pleaded not guilty. Upon the trial, the counsel for the state moved that an enquiry should be made, of the several…
1Opinion of the CourtGilchrist, J.
I shall confine myself, in the opinion I propose to deliver, to stating the judgment of the court upon the question, whether the jury possess the right to decide the law in criminal cases, leaving the conclusions of the court upon the other questions that arise in the case to be declared by the chief justice.
The enquiry is, in substance, whether the plea of the general issue of not guilty, confers upon the jury the right to determine the law of the case. The question how far they may decide the law in civil cases, is not, in terms, before u^ ; but it will be necessary to examine it, for the…
2Cases cited4 opinions
- Merrill v. SherburneSuperior Court of New Hampshire · 1818
- State v. RollinsSuperior Court of New Hampshire · 1837
- State v. BurnhamSuperior Court of New Hampshire · 1837
- State v. PrescottSuperior Court of New Hampshire · 1834
3Cited by24 opinions
- Commonwealth v. PauldingMassachusetts Supreme Judicial Court · 2002
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- State v. CereSupreme Court of New Hampshire · 1984
- Batre v. StateSupreme Court of Alabama · 1850
- State v. HowardSuperior Court of New Hampshire · 1845
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