Osgood v. . the People
New York Court of Appeals
Joseph Osgood, plaintiff in error, was indicted in the iCourt of Sessions of Niagara county, for unlawfully selling strong and spirituous liquors and wines, etc., oil his premises, situate in the town of Lockport, in said county, without license, on the 26th day of March, 1864. The indictment contained five counts. Two counts charged the sale, omitting the allegation, that the liquor was sold to be drank upon the premises.
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Joseph Osgood, plaintiff in error, was indicted in the iCourt of Sessions of Niagara county, for unlawfully selling strong and spirituous liquors and wines, etc., oil his premises, situate in the town of Lockport, in said county, without license, on the 26th day of March, 1864. The indictment contained five counts. Two counts charged the sale, omitting the allegation, that the liquor was sold to be drank upon the premises. The second count alleged a sale to one Squires, on the 26th of March, 1864, and to divers other citizens, to be drank upon the premises. The other counts alleged similar…
1Opinion of the Court
It is insisted by the district attorney, that the questions arising upon the trial of this indictment are not reviewable in this court, in the present proceeding. He insists, that the exceptions taken have been reviewed and decided by the General Term of the Supreme Court, upon the hearing of the certiorari; that they cannot, of right, be again heard at the General Term, on the writ of error, the former hearing rendering the case as adjudicated. He further insists, that, as they cannot be heard in the Supreme Court, and as the jurisdiction of this court is appellate only, they cannot be…
2Cases cited2 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. AdamsNew York Supreme Court · 1837
3Cited by9 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- Endleman v. United StatesCourt of Appeals for the Ninth Circuit · 1898
- Booth v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- People v. SweetserSupreme Court Of The Territory Of Dakota · 1876
- People v. PolhamusAppellate Division of the Supreme Court of the State of New York · 1896
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