People v. Townsey
New York Supreme Court
Certiorari to the general sessions of Kings county. Townsey was indicted in the court below for a misdemeanor in selling strong and spirituous liquors and wines..
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Certiorari to the general sessions of Kings county. Townsey was indicted in the court below for a misdemeanor in selling strong and spirituous liquors and wines.. The first count in the indictment, upon which alone the conviction was had, was as follows: “ that on the 3d day of May, 1846, a majority of the electors of the city of Brooklyn in said county of Kings present and voting, did in pursuance of an act of the legislature of the state of New-York, entitled ‘An act relating to excise and to licencing retailers of intoxicating liquors,’ passed May 14, 1845, and of an act entitled ‘ An act…
1Opinion of the Court
By the Court, Whittlesey, J.
Upon the argument here, the defendant’s counsel made the following points, w’hich seem to be properly raised by his bill of exceptions: 1. That the act relating to excise, passed in 1845, (Stat. 1845, p. 322,) as to those towns where the majority of the votes was for “ no licence,” was a repeal by implication of the provisions of the revised statutes making the sale of liquor without licence a misdemeanor. The provisions of the act of 1845, it is said, are repugnant to or inconsistent with the enactments of the former law. 2. That the indictment is framed under the…
2Cases cited2 opinions
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
- Hudson and Smith v. GuestierSupreme Court of the United States · 1810
3Cited by9 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Dawson v. . the PeopleNew York Court of Appeals · 1862
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
- Curtis, Graham & Blatchford v. LeavittNew York Court of Appeals · 1857
- Burt v. StateSupreme Court of Alabama · 1866
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