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80 Vt. 391

State v. Webster

Supreme Court of Vermont

Decided November 18, 1907

Supreme Court of Vermont · decided 1907-11-18

<p>Criminal Lazo — Illegal Sales of Intoxicating Liquor — Prosecution — Sufficiency of Specifications — Discretion—Review.</p> <p>The sufficiency of specifications filed by tbe State in a prosecution for illegally selling intoxicating liquor is within the discretion of the trial court, the exercise of which is not reviewable.</p> <p>A fictitious or suppositional question as to the admissibility of evidence will not be considered.</p>

Cited by 6 later decisions — most recently October 1926

6 state decisions

Relies on State v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1907-11-18

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Watson, J.

¶1The respondent is charged with selling intoxicating liquor without authority. Specifications and amended specifications were filed in the case. A hearing was had on respondent’s motion for better and more complete specifications. The State’s Attorney stated to the Court that those filed were the best he was able to give. Whereupon the motion *392was overruled and the specifications were held sufficient,' to which respondent excepted. The exceptions state that it was agreed that the question should be raised not only as to the definiteness of the indictment and specifications, but as though evidence had been offered and received under respondent’s exceptions tending to show sales of intoxicating liquor by him unauthorized by law. The cause was passed to this Court before final judgment under the statute.

¶2The question of the sufficiency of the specifications was within the discretionary power of the court ánd not revisable. State v. Davis, 52 Vt. 376.

¶3The fictitious or suppositional question of the admissibility of evidence will not be noticed.

¶4 Judgment affirmed and cause remanded.

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