24 Conn. 286 | Conn. | 1855
The question is, whether the complaint in this case is sufficient. The first section of the act, on which it is brought, provides that no person shall sell, “ by himself his servant or agent,” any spirituous or intoxicating liquor, &c., (Stat., p. 817,) and the complaint alleges that the defendant, “ by himself or by his agent,” did sell, &c. The defendant claims that this allegation is bad for uncertainty, because it is stated in an alternative, or disjunctive form. The act does not prescribe the form for a complaint under that section, and therefore its validity depends on the general rules, which are applicable to the subject.
The objection of uncertainty, growing out of alternative, or disjunctive averments, usually has been taken to the
We are not aware that the view, which we have thus taken of this case, conflicts with the strictest rules, which have been adopted with regard even to indictments for the highest offences. Those. rules, however, have been considerably relaxed, in regard to complaints of this description for statutory misdemeanors, and under them, as thus relaxed, we think that this complaint is sustainable on other grounds; but it is unnecessary to pursue the subject further. Whiting v. The State, 14 Conn. R., 487. Barth v. The State, 18 Conn. R., 432. Rawson v. The State, 19 Conn. R., 292.
We advise the superior court to render judgment on the verdict.
In this opinion the other judges, Waite and Hinman, concurred.
Complaint sufficient.