31 Me. 520
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Exceptions from the District Court, Rice, J. Complaint for violation of the Act “ to restrict the sale of intoxicating drinks.” The complaint charged, that the defendant made a sale, &c. The government called a witness, who testified that he bought two quarts of rum at the defendant’s store ; that the defendant was not there; that a man within the counter, whom the witness did not know, drew the rum and received the pay.
Cited by 1 later decisions — most recently March 1924
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1850-07-01
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¶1The offence was committed, if the sale was made either by the defendant or by his clerk, or by his servant, or by his agent. Under the instructions, the jury found it was made by the hand of a person, who was either the clerk, servant, or agent of the defendant; and the evidence was sufficient for that finding. It is not necessary to find which of those positions the person held. It is not requisite in the complaint, to specify by whose hand, such a sale is made.
¶2Exceptions overruled.