State v. Freeman

Citations

• 27 Vt. 523

Syllabus

<p>Under a single count in an information or indictment, as well as in a complaint for selling, furnishing or giving away intoxicating liquors, the respondent may he convicted of any number of offences that may he proved against him. State v. Parker, cited by Red-field, Oh. J.</p> <p>The respondent is entitled, if he request it, to a specification of the number and nature of the offences which the prosecutor will attempt to prove under such a count, lb.</p> <p>Where an indictment contains several counts, some of which are for selling, and others for giving away intoxicating liquors, there can he no conviction for the offence of giving away under a count for selling, or vice versa.</p> <p>Under a count for furnishing intoxicating liquors the respondent may be convicted upon proof of his giving it, that being one mode of furnishing.</p> <p>Queere. Whether selling is not also a mode of furnishing and proveable under a count for furnishing.</p> <p>The provision in the liquor law of 1852, (Laws of 1852, p. 27, § 18.) that it shall not be necessary to aver a former conviction, applies as well to informations and indictments as to complaints; and is constitutional.</p> <p>Semble. Proof of a former conviction, under the liquor law of 1852, not alleged in the indictment, may be submitted to the court after a verdict of guilty. Aud if any question bona fide arises with regard to the identity of the person, the court may order an issue upon that question to be submitted to a jury.</p> <p>The qualifications of the offence of giving away intoxicating liquors, which are contained in. the act of 1853, (Laws of 1853, p. 19. § 1) need not he negatived in an indictment or complaint for giving away.</p>