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75 Vt. 18

State v. Thornburn

Supreme Court of Vermont

Decided August 27, 1902

Supreme Court of Vermont · decided 1902-08-27

Ineormation for selling cider contrary to law. Plea, not guilty. The respondent was adjudged guilty on facts conceded at the December Term, 1901, Windsor County, Stafford, J., presiding. The respondent excepted.

Relies on State v. Waite

Decided 1902-08-27

Tyler, J.

¶1Information for selling cider without authority. The State offered to prove, and the respondent admitted ten sales of fermented cider, and the court thereupon adjudged the respondent guilty of ten offenses, but allowed exceptions and suspended sentence. In this court the respondent concedes that the judgment below was in accordance with State v. Waite, 72 Vt. 108, 47 Atl. 397, but contends that the decision should be overruled.

¶2In State v. Waiteit was held that, as V. S. 446,0 classified fermented cider with intoxicating liquors, the permission given in section 4463 to sell cider, related to unfermented cider. This is the only reasonable construction of the two sections considered together, — the only way to give effect to both sections. The doctrine of stare decisis must be applied.

¶3*19Judgment that the respondent take nothing by his exceptions; let there be sentence and execution thereof.

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