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78 Vt. 102

State v. Bardelli

Supreme Court of Vermont

Decided October 25, 1905

Supreme Court of Vermont · decided 1905-10-25

Information in six counts for selling and furnishing intoxicating liquor without a license, in violation of .No. 90, Acts 1902, with two counts for “keeping and exposing for sale.” Plea, the general issue. Trial by jury at the December Term, 1904, Caledonia County, Tyler, J., presiding. Verdict, “guilty of one offence of selling.” Judgment thereon. The respondent excepted. The State’s evidence did not tend to show more than six offences of selling or furnishing.

Relies on State v. Glynn

Decided 1905-10-25

RowEEE, C. J.

¶1While it is always competent to show that a witness is hostile to a party against whom he is called, yet if that hostility is sought to be shown by his oral statements out of court, as it was here, it is not error to require a foundation to be laid by inquiring of the witness on the stand, with particularity of time, place, and occasion, whether he made the statements or not. State v. Glynn, 51 Vt. 577. It not appearing that such foundation was laid, no error is shown.

¶2The court sufficiently charged that each offence must be found on the evidence that particularly related to it.

¶3The other questions are like some of those in State v. Barr and Pianfetti, ante. p. 97, and are decided against the respondent.

¶4Judgment that there is no error, and that the respondent take nothing by his exceptions. Let execution be done.

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