State v. Rundlett

Decided July 15, 1856

Supreme Court of New Hampshire · decided 1856-07-15

Indictment, alleging that the defendant, on the 15th day of November, 1853, not being a licensed taverner or retailer of spirits, sold one quart of spirituous liquor to Jonathan Tilton. On trial it appeared that Tilton bought of the defendant one quart of brandy in March or April, 1852: the particular time the witness could not recollect. The defendant objected — 1. That the indictment was barred by the statute of limitations. 2.

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-15

How this case has been cited

Cited by 5 later decisions — most recently June 1936

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Perley, 0. J.

¶1In Coburn v. Odell, decided July, 1855, in this county, and reported since the argument in the present case, 10 Foster 540, it was decided that the provision of section 9, chapter 211, of the Revised Statutes, limiting suits and prosecutions on penal statutes, did not apply to an indictment for the illegal sale of spirituous liquors ; and we find no reason to question the correctness of that decision. And this in effect disposes of the other objection. The court would have power to relieve the defendant, if he was surprised by an offer to prove a sale on a day long distant from that alleged in the indictment; but ordinarily the particular day alleged would, in the case of this as of most other crimes, be immaterial.

¶2Judgment on the verdict.