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STATE v. WELCH.

On the trial of an indictment for the illegal sale of liquor to A, evidence of sales to B and a within a year before the first day of the term at which the indictment was found is admissible, as tending to show that the defendant was engaged in the business of selling liquor. Evidence that D was found intoxicated on the defendant's premises within the same period is admissible for the same purpose.

BINGHAM, J.

The indictment charged an illegal sale of cider to Hannah J. Nason. The state was permitted to prove sales to other parties in the year next preceding the first day of the term when the indictment was found. It was competent to prove that the respondent kept cider for sale; that he was in the business. State v. Shaw, 58 N.H. 72; State v. Harvey, 58 N.H. 377, 378, 379. The evidence tended to show it.

Exception overruled.

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STATE v. WELCH
(Jun 1, 1888)