Legal Opinion

People v. Weaver

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1919PublishedCited by 35 opinions

Appeal by the defendant, Robert C. Weaver, from a judgment of the County Court of Oneida county in favor of the plaintiff, entered in the office of the clerk of said county on the 14th day of May, 1917, convicting him of the crime of operating a motor vehicle while intoxicated. This appeal was transferred from the Fourth Department to the Third Department. (See 187 App. Div. 971.)

1Opinion of the Court

Cochrane, J.:

The defendant has been convicted of violating the following provision of subdivision 3 of section 290 of the Highway Law: “ Whoever operates a motor vehicle while in an intoxicated condition shall be guilty of a misdemeanor.” (Consol. Laws, chap. 25 [Laws of 1909, chap. 30], § 290, subd. 3, as added by Laws of 1910, chap. 374.)*

At about nine o’clock of the evening in question during August, 1916, the defendant drank two glasses of Eagle beer in a saloon in Utica. With four companions he then traveled in his automobile eight or ten miles to a hotel in the country where they…

2Cases cited1 opinion

  1. People v. GerdvineNew York Court of Appeals · 1914

3Cited by35 opinions

  1. People v. EkstromerCalifornia Court of Appeal · 1925
  2. People v. KochAppellate Division of the Supreme Court of the State of New York · 1937
  3. People v. LittoNew York Court of Appeals · 2007
  4. State v. NobleOregon Supreme Court · 1926
  5. State v. HightowerSupreme Court of Louisiana · 1959

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