140 A. 492 | Vt. | 1928
The respondent stands convicted of a violation of our statute which prohibits the sale or distribution of intoxicating liquor. The information contains two counts. The first charges that the respondent at a time and place specified "did sell intoxicating liquor to one John C. Winters without authority of law so to do contrary to the form, force and effect of the statute," etc. The second count is like the first except it charges a furnishing instead of a sale. After verdict and before judgment the respondent moved in arrest of judgment for that the information was uncertain, insufficient, and indefinite, *55 and did not legally inform him of the nature of the charge against him. The motion was overruled to which respondent excepted.
The case was submitted on briefs, so we have no knowledge respecting the claimed shortage in the information, now relied upon, beyond what therein appears, which is, in substance, that the place where the alleged offense was committed is not definitely stated, that the quantity of liquor alleged to have been sold or furnished is not stated, and that "there is no allegation which acquaints the respondent with the charge he has to meet."
The first two grounds relied upon require little attention. The offense is alleged to have been committed "at Windsor in the county of Windsor." That this constitutes a sufficient allegation of place is too well established to require a citation of authorities; but see State v. Paige,
Under the present law which prohibits the sale or furnishing of intoxicating liquor regardless of quantity, the quantity need not be alleged nor necessarily proved.
As we understand respondent's brief, State v. Villa,
Under the latter statute every sale or furnishing of intoxicating liquor constitutes an offense regardless by whom made or under what circumstances, unless such act falls within one of the exceptions mentioned in the statute. Since this is so, and since said exceptions are not such as need be negatived in the information (State v. Hodgdon,
Judgment that there is no error in the proceedings andrespondent takes nothing by his exceptions. Let execution bedone.