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70 N.H. 196

46 A 49

State v. Ryan

Supreme Court of New Hampshire

Decided December 5, 1899

Supreme Court of New Hampshire · decided 1899-12-05

Indictment, for furnishing oleomargarine in the place of butter to a guest of the defendant’s hotel, in violation of section 3, chapter 115, Laws 1895, enacting that it shall be unlawful for any person to furnish or cause to be furnished, in any hotel, etc., to any guest or patron, oleomargarine, butterine, or any similar substance, without first notifying such guest or patron that the substance so furnished is not butter. Trial by jury, and verdict for the state.

Relies on State v. Campbell · State v. Smith · Commonwealth v. Uhrig

Good law ✅— No negative treatment on recordhow we know

Decided 1899-12-05

How this case has been cited

Cited by 10 later decisions — most recently December 1972

10 state decisions

20189919001910192019301940195019601970decided

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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Blodgett, C. J.

¶1 The mstructions requested by the defendant were properly denied.

¶2 It is true that “ in the earlier history of the common law only such acts were deemed criminal as had m them the vicious element of an unlawful intent, indicating a deviation from moral rectitude; but this quality has ceased to be essential, and now acts unobjectionable M a moral view, except so far as bemg prohibited by law makes them so, constitute a considerable portion of the criminal code. In such statutes the act is expressly prolfibited, without reference to the intent or purpose of the party committing it, and is usually of the class M which the person committmg it is under no obligation to act unless he knows he can do so lawfully. Under these statutes it is not a defence that the person acted honestly and m good faith, under a mistake of fact. He is bound to know the fact as well as the law, and he acts at his peril. These statutes do not make a gmlty knowledge one of the Mgredients of the offence.” State v. Cornish, 66 N. H. 329, 330, and numerous *197 authorities there cited; State v. Campbell, 64 N. H. 402—405; Commonwealth v. Uhrig, 138 Mass. 492; Commonwealth v. Savery, 145 Mass. 212; State v. Smith, 10 R. I. 258; State v. Hughes, 16 R. I. 403.

¶3 The statute in question dearly comes within this class, and having been enacted nearly five years subsequent to the decision in State v. Cornish, of which the legislature must be deemed to have liad knowledge, no room for reasonable doubt remains that the legislative intent was that the statute should be construed in accordance with its language and agreeably to the construction obtaining not only in State v. Cornish, but in preceding cases.

¶4 _Exceptions overruled.

Peaslee, J., did not sit: the others concurred.
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