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58 N.H. 72

State v. Shaw

Supreme Court of New Hampshire

Decided March 5, 1877

Supreme Court of New Hampshire · decided 1877-03-05

Indictment, for the sale of two glasses of spirituous liquor to one Thomas J. Sweat, Feb. 6, 1876. Sweat and the defendant testified that the defendant sold Sweat two ounces of whiskey, in February, 1876. The defendant offered in evidence a certificate of a registered pharmacist, issued to him by the commissioners of pharmacy. The court excluded it, and the defendant excepted.

Cited by 3 later decisions — most recently June 1888

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-03-05

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Doe, C. J.

¶1 Section 5 of c. 8, Laws of 1875, authorizing all registered pharmacists “ to keep spirituous liquors for compounding their medicines,” does not authorize them to sell spirituous liquor not mixed with medicine. The defendant’s testimony proved the offence charged in the indictment. His guilt and the correctness of the general verdict being established by his own testimony, it is not necessary to consider his exception to the exclusion of his certificate, or his exception to the instructions which required the jury to answer certain questions.

¶2 Judgment on the verdict.

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