Legal Opinion

People v. Stevens

New York Supreme Court

Decided January 15, 1835PublishedCited by 31 opinions

Error from the Monroe general sessions. The defendant was indicted in March, 1834, for having, in October previous thereto, at the town of Parma, in the county of Monroe, sold strong or spirituous liquors of a quanity less than five gallons and permitted the same to be drank in his house, without having a license as a tavern keeper.

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Error from the Monroe general sessions. The defendant was indicted in March, 1834, for having, in October previous thereto, at the town of Parma, in the county of Monroe, sold strong or spirituous liquors of a quanity less than five gallons and permitted the same to be drank in his house, without having a license as a tavern keeper. He pleaded, in bar of the prosecution, that on the 8th November, 1833, he was sued in a justice’s court for the offences charged in the indictment, by the overseers of the poor of the town of Parma, in an action of debt for the penalty given by the statute, in…

1Opinion of the Court

By the Court,

Sutherland, J.

The fifteenth section of that portion of the revised statutes, which treats “ Of excise and the regulation of taverns and groceries,” declares, that whoever shall sell any strong or spirituous liquors, or any wines, in any quantity less than five gallons at a time, without a license, shall forfeit $25. The sixteenth section imposes *342a like penalty upon any person who shall sell or suffer to be sold any such liquors, or wines, to be drank upon his premises, without having obtained a license as a taven keeper ; and the nineteenth section provides, that such penalties…

2Cited by31 opinions

  1. Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
  2. People v. . MeakimNew York Court of Appeals · 1892
  3. Behan v. . the PeopleNew York Court of Appeals · 1858
  4. People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
  5. People ex rel. Weatherwax v. WattNew York Supreme Court · 1921

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