People v. Utter
New York Supreme Court
CERTIORARI to the Livingston county sessions to remove a conviction of the defendant for selling liquor on Sunday. The defendant was indicted for selling strong or spirituous liquors in his tavern on Sunday, he being at the time a tavern and hotel keeper, and licensed by law to sell liquor. The indictment charged that the offence was committed on the 18 th day of January 1863, and on other days and times, being Sundays.
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CERTIORARI to the Livingston county sessions to remove a conviction of the defendant for selling liquor on Sunday. The defendant was indicted for selling strong or spirituous liquors in his tavern on Sunday, he being at the time a tavern and hotel keeper, and licensed by law to sell liquor. The indictment charged that the offence was committed on the 18 th day of January 1863, and on other days and times, being Sundays. On the trial, it was proved, under objection by the defendant’s counsel, that a witness had seen liquor sold at the defendant’s bar prior to November, 1862, by the defendant’s…
1Opinion of the Court
By the Court, James C. Smith, J.
The defendant, a licensed tavern keeper, was indicted for selling liquors at his bar, on Sunday, contrary to the statute. (Laws of 1857, ch. 628, § 21, vol. 2, p. 413.) On the trial the prosecutor gave evidence tending to show that on several different occasions liquor had been sold at the defendant’s bar, by his bar tender,' on Sunday, but there was no evidence of a sale by the defendant personally, or in his presence. The. court charged the jury, in substance, that if they believed the bar tender had sold liquor in the defendant’s tavern, on Sunday, they…
2Cited by9 opinions
- People v. D'AntonioAppellate Division of the Supreme Court of the State of New York · 1912
- Westchester County v. DressnerAppellate Division of the Supreme Court of the State of New York · 1897
- People v. Teetsel, New York County Courts1958
- Cullinan v. BurkhardNew York Supreme Court · 1903
- Thomas v. WilliamsAppellate Terms of the Supreme Court of New York · 1905
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