People v. Gilkinson
Court Of Oyer And Terminer New York
The defendant was indicted for a misdemeanor in selling spirituous liquors without license, in violation of the act of April 16, 1857. The indictment was as follows: County of Dutchess, ss: The Jurors of the People of the State of New York, in and for the body of the county of Dutchess, upon their oaths and affirmations, present: That Thomas Gilkinson, late of the city of Poughkeepsie, in the county of Dutchess aforesaid, on the 12th day of September, 1857, at the city of…
Read the full summary
The defendant was indicted for a misdemeanor in selling spirituous liquors without license, in violation of the act of April 16, 1857. The indictment was as follows: County of Dutchess, ss: The Jurors of the People of the State of New York, in and for the body of the county of Dutchess, upon their oaths and affirmations, present: That Thomas Gilkinson, late of the city of Poughkeepsie, in the county of Dutchess aforesaid, on the 12th day of September, 1857, at the city of Poughkeepsie, county aforesaid, sold by retail to divers citizens of this State, and to divers persons to the jurors…
1Opinion of the Court
*29The following opinion was delivered by Emott, Presiding Justice:
There are two counts in this indictment, to each of which a formal or technical objection is taken. The first count charges the sale of liquor by the defendant, to be drank on his premises, “ without having obtained a license therefor as a tavern keeper, or without being in any way authorized to sell the same as aforesaid.” The objection is, that the word “or” vitiates the statement of the offence; that the word 16and” should have been used, so as to make the sentence read: “ without having obtained a license, &c., and without…
2Cases cited5 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Griffith v. WellsNew York Supreme Court · 1846
- People v. AdamsNew York Supreme Court · 1837
- People v. StevensNew York Supreme Court · 1835
- People v. J. & S. BrownNew York Supreme Court · 1837
3Cited by5 opinions
- People ex rel. Schuler v. SchatzAppellate Division of the Supreme Court of the State of New York · 1900
- Crichton v. PeopleNew York Court of Appeals · 1864
- Foote v. PeopleNew York Supreme Court · 1873
- State v. CarverSupreme Court of Rhode Island · 1879
- State v. HinesSupreme Court of Rhode Island · 1880