Legal Opinion

State v. Bonney

Supreme Court of New Hampshire

Decided December 15, 1859PublishedCited by 3 opinions

Indictment, charging the respondent with an illegal sale of intoxicating liquor. Thomas B. G-ault testified, that about the middle or last of June, 1859, he purchased three glasses of intoxicating liquor at the bar of the public house kept by the respondent, in Hooksett, in this county, of a man unknown to him, and whom he had never seen before or since, but whom he described.

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Indictment, charging the respondent with an illegal sale of intoxicating liquor. Thomas B. G-ault testified, that about the middle or last of June, 1859, he purchased three glasses of intoxicating liquor at the bar of the public house kept by the respondent, in Hooksett, in this county, of a man unknown to him, and whom he had never seen before or since, but whom he described. Other evidence tended to show that a man, answering to the description given by this witness, had been employed at work in and about the public house of the respondent during the past summer. Savory T. Burbank…

1Opinion of the CourtBellows, J.

Tbe question in tbis case is, simply, whether it is competent to show that tbe respondent, at tbe time *208of the sale, as charged in the indictment, was engaged íb the business of selling intoxicating liquors.

The evidence tended to prove a sale at the defendant’s public house, and by his servant; and whether the servant was then acting by his authority was a point in issue. That he was employed about this public house by the defendant, during the summer, and sold this liquor at the bar, would tend to show such authority. And we think it competent also to prove that the defendant was at that time…

2Cited by3 opinions

  1. State v. CorronSupreme Court of New Hampshire · 1905
  2. State v. ColbySupreme Court of New Hampshire · 1874
  3. State v. ColbySupreme Court of New Hampshire · 1874

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