64 Vt. 46 | Vt. | 1891
delivered the opinion of the court.
The witness Ewing testified “ I asked him (respondent) if he would let me have a pint of whiskey and he said he would,” and in answer to the inquiry, “ Did you pay him for it” said, “Yes sir, I gave him a quarter.” This testimony tended to establish a sale .The witness further testified that he gave the respondent the quarter, before the latter went for the whiskey, and that he was gone some ten, fifteen, or twenty minutes, and returned bringing the whiskey. It was a fairly debatable question upon the evidence, whether the respondent owned the whiskey that he went after, or whether he went out as the agent of the witness, and purchased it of some third party. If it was his own he went and got, the transaction was a sale ; if he bought it of another, procured it for the witness and took it to him, it was a furnishing. In this latter aspect of the case, the testimony tended to establish a furnishing. There being evidence in the case to establish both a sale and a furnishing, the motion to order a verdict for the respondent was properly overruled. There was ample evidence to show either a sale or furnishing, and it was for the jury to say whether it was the one or the other.
The record upon inspection discloses no error, the exceptions are overruled, judgment of guilty, and sentence upon the verdict, and execution of the sentence ordered.