Walker v. Prescott

Supreme Court of New Hampshire

Walker v. Prescott

44 N.H. 511

Supreme Court of New Hampshire·Decided July 1, 1860·Published

Opinion

Bartlett, J.

Ale, being produced by fermentation and not by distillation, is not “ spirituous liquor ” within the meaning of [512]*512chapter 846 of the Pamphlet Laws of this State. People v. Crilley, 20 Barb. 248; State v. Moore, 5 Blackf. 118; Nevin v. Ladue, 3 Denio 437; Commonwealth v. Markoe, 17 Pick. 465; Commonwealth v. Jordan, 18 Pick. 228; Commonwealth v. Thayer, 5 Met. 246. But what is sold as ale may be so mixed with spirituous liquor as to fall within the meaning of that statue which prohibited the sale of “ any wine or spirituous liquor, mixed or unmixed,” &c.; and where that is the fact it may be shown by evidence. Commonwealth v. Bathnick, 6 Cush. 247; Commonwealth v. White, 10 Met. 14; State v. Wall, 34 Me. 165.

The case is to he discharged.

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Bartlett, J.

Ale, being produced by fermentation and not by distillation, is not “ spirituous liquor ” within the meaning of [512]*512chapter 846 of the Pamphlet Laws of this State. People v. Crilley, 20 Barb. 248; State v. Moore, 5 Blackf. 118; Nevin v. Ladue, 3 Denio 437; Commonwealth v. Markoe, 17 Pick. 465; Commonwealth v. Jordan, 18 Pick. 228; Commonwealth v. Thayer, 5 Met. 246. But what is sold as ale may be so mixed with spirituous liquor as to fall within the meaning of that statue which prohibited the sale of “ any wine or spirituous liquor, mixed or unmixed,” &c.; and where that is the fact it may be shown by evidence. Commonwealth v. Bathnick, 6 Cush. 247; Commonwealth v. White, 10 Met. 14; State v. Wall, 34 Me. 165.

The case is to he discharged.

Walker v. Prescott, 44 N.H. 511 (N.H. 1860).

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Opinion

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