Barnes v. State
Supreme Court of Connecticut
IN ERROR. This was a Writ of error from the judgment of the county court, rendered upon an information against Alphonso Barnes. There were three counts in the information, the two first of which were abandoned upon the trial before the justice.
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IN ERROR. This was a Writ of error from the judgment of the county court, rendered upon an information against Alphonso Barnes. There were three counts in the information, the two first of which were abandoned upon the trial before the justice. The third count was as follows : “ And said grand juror further complains, that heretofore, to wit, on or about the 24th day of February 1849, at said Bristol, the said Alphonso Barnes did sell, and did offer to sell, by himself and by an, agent, wines, spiritous liquors, and other intoxicating beverage, to one Boylston Whitney, of said Bristol, the…
1Opinion of the Court
Waite J.
In this case two errors have been assigned ; the first, that the county court refused to arrest the judgment ; and the second, that the court admitted illegal testimony.
1. It is insisted, that the third count in the information, upon which alone judgment was rendered, is bad, for duplicity, uncertainty, and repugnancy. It charges the defendant below with selling and offering to sell, spiritous liquors, each of which acts, it is said, constitutes a distinct offence ; and therefore, the count is bad for duplicity.
But there is nothing in the information, showing, that these acts might…
2Cited by15 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- Woodford v. . People of the State of N.Y.New York Court of Appeals · 1875
- Hood v. . SudderthSupreme Court of North Carolina · 1892
- State v. TeahanSupreme Court of Connecticut · 1882
- State v. WismanWest Virginia Supreme Court · 1923
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