Case No. 16,966.

VIRGINIA v. SMITH.

[1 Cranch, C. C. 46.]¹

Circuit Court, District of Columbia.

Jan. Term, 1802.

INTOXICATING LIQUORS—ILLEGAL SALES.

The day of selling spirituous liquors is immaterial if proved to be within twelve months before filing the information. All the acts of selling before the filing of the information are parts of the same general offence of selling without license.

Information [against S. Smith] for selling spirituous liquors without license on the 10th August, 1798.

On the motion of Mr. Mason, attorney for the United States, THE COURT instructed the jury that the day is immaterial if proved to be within twelve months before fifing the information; being of opinion that every act of selling before the filing of the information is part of the same general offence of selling.

Special verdict. Venire facias de novo awarded

¹ [Reported by Hon. William Cranch, Chief Judge.]

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