New Jersey Law Reports Volume 18

New Jersey Law Reports Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ...Halsted and opinion of Justice Drake. 1 Harris0n's Rep. 133, Farwell ct al. v. Smith. But it may be answered, that admitting the rules of pleading to have been so settled, yet this section of the law was intended to abrogate it, and malte it a suflicient description of the offence, to describe the liquor sold as Ardent Spirits, without negativing the exceptions. ' But such is not the case. The statute only intended to help or aid the description of the liquor sold, and not of the qffence created by the previous section of the act. It does not say, that in all indictments hereafter found upon this act, it will bee suflicient description of the oflince. to charge ' the party with having sold "Ardent Spirits" contrary to the statute--but simply, that when you charge a party with an unlawful selling, it shall be a suflicient description of the liquor sold, to call it " Ardent Spirits." ' ' The Legislature never intended to alter, modify, or destroy, tliat well established and most reasonable rule of pleading, which in the like cases require the negativing of all exceptions in the enacting clause creating the offence. There was no reason for it, and if no reason, there could never have been intended such a law. It may be objected to the above argument, that inasmuch as in an indictment for selling a composition, it is necessary not only to aver of what it is composed, (that the Court may take notltie from the record or indictment whether it be a composition or nob) butalso which pa'rticular liquor shall form the chief ingredientThe indictment will present the following or somewhat like ridiculous description of the offence, viz: that A. B. on such a dayat &c. without license &c. unlawfully did scll or cause more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236795873
  • 9781236795878