Legal Opinion

State v. Dow

Supreme Court of Vermont

Decided April 15, 1849PublishedCited by 8 opinions

Indictment for becoming a retailer, without license. Plea, not guilty, and trial by jury, December Term, 1848, — Poland, J., presiding.

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Indictment for becoming a retailer, without license. Plea, not guilty, and trial by jury, December Term, 1848, — Poland, J., presiding. On trial evidence was given on the part of the prosecution tending to prove, that for several years past there had been kept a store of goods in Albany, in the county of Orleans, which was owned, or reputed to be owned, by one William Hayden, a resident of Manchester, New Hampshire; that the respondent has for several years had the whole control and management of the business of the store, calling himself the agent of Hayden ; that in the winter of 1847-8…

1Opinion of the Court

The opinion of the court was delivered by

Poland, J.'

The respondent was indicted for dealing in the selling of spirituous liquors as a retailer, without being legally licensed .for .that purpose under .the.statute of 1846. The case shows, that *487in the winter of 1847-8 spirituous liquors were kept for sale, and were openly and constantly sold through the winter, at the store in Albany, under the superintendence and care of the respondent, without any license to any person so to do ; but it did not appear, that the respondent delivered or sold any with his own hand; all the acts of selling were…

2Cited by8 opinions

  1. State v. KittelleSupreme Court of North Carolina · 1892
  2. State v. . KittelleSupreme Court of North Carolina · 1892
  3. Riley v. StateMississippi Supreme Court · 1871
  4. People v. RiceMichigan Supreme Court · 1894
  5. Stevens v. PeopleIllinois Supreme Court · 1873

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