People v. Willi
New York County Courts
Motion in arrest of judgment and for a new trial. Defendant, Edward M. Willi,- was indicted by a grand jury of the county of Delaware for violation of subdivision P of section 30 of the Liquor Tax Law for having in his possession in the town of Hancock in said county on or about the 7th day of April, 1919, four gallons of whiskey, the said town of Hancock then being a town in which the business of trafficking in liquors under subdivisions 1, 2 and 3 of section 8 of the…
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Motion in arrest of judgment and for a new trial. Defendant, Edward M. Willi,- was indicted by a grand jury of the county of Delaware for violation of subdivision P of section 30 of the Liquor Tax Law for having in his possession in the town of Hancock in said county on or about the 7th day of April, 1919, four gallons of whiskey, the said town of Hancock then being a town in which the business of trafficking in liquors under subdivisions 1, 2 and 3 of section 8 of the Liquor Tax Law was prohibited by the result of a local option vote. The defendant was duty tried and convicted at a term of…
1Opinion of the Court
McNaught, J.:
The grounds upon which the motion of defendant is based are practically that the evidence was insufficient to convict, and in support of this contention two propositions are seriously and earnestly urged by the learned counsel for the defendant. *76Upon these two propositions the determination of the motion depends. It is contended, first, that it was incumbent upon the part of the people to prove that the liquor in the possession of the defendant was not “ prescribed by a duly licensed physician for the medicinal use of the defendant or of some other person for whom such liquors…
2Cases cited23 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
- Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. FowlerCalifornia Court of Appeal · 1938
- People v. Kollender, New York County Courts1939
- Rosenblum v. RosenblumNew York Supreme Court · 1943
- Baker v. StateSupreme Court of Vermont · 1999
- Neisel v. MoranSupreme Court of Florida · 1919
1 more not listed; retrieve them via the Exa API.