State v. Welch

• Decision Date: 19 July 1888
• Citation: 15 A. 146,64 N.H. 625
• Parties: STATE v. WELCH.
• Court: New Hampshire Supreme Court

15 A. 146

64 N.H. 625

STATE

v. WELCH.

Supreme Court of New Hampshire. Carroll.

July 19, 1888.

Indictment for the illegal sale of cider to one Hannah J. Nason, November 20, 1887. Against the defendant's objection, the state was permitted to prove sales to one James Cole, in December, 1887, and to show by one Joseph Cole, that in June, 1887, he drank fermented cider at the defendant's premises, bought there by other persons in less quantities than 10 gallons at a time; also that on one occasion within a year before the first day of the term at which the indictment was found, a witness bought fermented cider of the defendant in less quantities than 10 gallons, and within the same period had found her brother there intoxicated by cider. The jury were instructed that the evidence excepted to was competent only so far as it tended to show that the defendant was guilty of the sale to Mrs. Nason in the fall of 1887.

F. B. Osgood, for the State. John B. Nash, for defendant.

BINGHAM, J. The indictment charged an illegal sale of cider to Hannah J. Nason. The state was permitted to prove sales to other parties in the year next preceding the first day of the term when the indictment was found. It was competent to prove that the respondent kept cider for sale; that he was in the business. State v. Shaw, 58 N. H. 72; State v. Havey, Id. 377-379. The evidence tended to show it. Exception overruled.