State v. Coombs , 32 Me. 529 ( 1851 )

Wells, J.,

orally.—A single act of selling is an offence. Presuming to be a common seller is a different and higher offence. Both of these offences have their different and appropriate punishments. In the trial for common selling, the single acts of sale are not prosecuted. They are shown merely as evidence of the larger crime. Such proceedings do not expose to a second punishment for the same offence.

Exceptions overruled.