State v. Angelo J. Muscarello Book Reviews

State v. Angelo J. Muscarello by Supreme Court of New Hampshire Book Summary

The Spirituous Liquor and Beverages Act (R. L., c. 170) contains a section (s. 33) with the title of Transportation and a following section (s. 34) entitled Possession. The former section forbids the transportation ""in this state"" of more than three quarts of liquor unless it was bought at a state store. The State Liquor Commission on application may permit the transportation of not over three gallons bought elsewhere if it is for personal use. Other provisions of the section permit transportation for special purposes by common carriers, licensees and manufacturers. The latter section (s. 34) reads: ""No person shall possess, transport, procure, furnish, or give away any liquor except such as has been sold under the provisions hereof or legally purchased outside the state and except as otherwise provided herein."" One purpose of the act is to obtain revenue for the State, and one clear design of the former section (s. 33) is to restrict competition with the State stores. If liquor might be purchased outside the State in substantial quantities and brought into the State, the competitive factor might be serious. It is improbable that the ensuing section (s. 34) was intended to materially lessen the restraint of competition, as would be the case if the defendant's position were sound. To say that no more than three quarts of liquor may be transported unless bought at a State store and then to permit transportation in any quantity if the liquor is legally bought outside the State, would also tend to facilitate illegal sales.

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State v. Angelo J. Muscarello (Supreme Court of New Hampshire) Book Reviews 2024

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