Rau v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term, of the Supreme Court in the fourth judicial department, to review judgment affirming a judgment of the Court of Sessions in and for the county of Monroe, entered upon "a verdict convicting plaintiff in error of a misdemeanor. Plaintiff in error was indicted for a violation of the excise law (§ 21, chap. 628, Laws of 1857, as amended by § 5, chap. 549, Laws of 1873), in having sold “ intoxicating liquors and wines ” on Sunday.
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Error to the General Term, of the Supreme Court in the fourth judicial department, to review judgment affirming a judgment of the Court of Sessions in and for the county of Monroe, entered upon "a verdict convicting plaintiff in error of a misdemeanor. Plaintiff in error was indicted for a violation of the excise law (§ 21, chap. 628, Laws of 1857, as amended by § 5, chap. 549, Laws of 1873), in having sold “ intoxicating liquors and wines ” on Sunday. The facts appear sufficiently in the opinion. Whether lager beer was intoxicating was a question of fact. (21 N. Y., 173; 6 Park. Cr. R.,…
1Opinion of the CourtEarl, J.
Rau was indicted in Monroe county, in 1874, for selling intoxicating liquors and wines on Sunday. On the trial he admitted that on the days charged in the indictment he sold lager beer by the glass as a beverage, having a license under the excise law. Evidence was given tending to prove that lager beer was intoxicating, and the judge charged the jury that if they found it to be intoxicating they should convict the defendant. The defendant excepted to this charge, and the jury found him guilty. It is claimed on his behalf, that the sale of lager beer on Sunday is not prohibited.by the excise…
2Cases cited3 opinions
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
- Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
- Peo. Ex Rel. Presmeyer v. . Comrs. of PoliceNew York Court of Appeals · 1874
3Cited by18 opinions
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Briffitt v. StateWisconsin Supreme Court · 1883
- Myers v. StateIndiana Supreme Court · 1884
- Blatz v. . RohrbachNew York Court of Appeals · 1889
- Garboctowski v. StateSupreme Court of Delaware · 1923
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