People v. Davis
New York Supreme Court
THE plaintiff in error is under conviction for selling strong and spirituous liquors in quantities less than five gallons at a time, without having a license therefor granted, as provided hy the statute, entitled “An act to suppress intemperance, and to regulate the sale of intoxicating liquors.” (Laws of 1857, oh. 628.) By writ of error he brings hither the indictment, hill of exceptions and judgment of the court below.
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THE plaintiff in error is under conviction for selling strong and spirituous liquors in quantities less than five gallons at a time, without having a license therefor granted, as provided hy the statute, entitled “An act to suppress intemperance, and to regulate the sale of intoxicating liquors.” (Laws of 1857, oh. 628.) By writ of error he brings hither the indictment, hill of exceptions and judgment of the court below. On the trial the people proved that the defendant sold strong and spirituous liquors in quantities less than five gallons at a time at his recess, at the Dresden Landing, in…
1Opinion of the Court
By the Court, Johnson, J.
The first question in this case arises upon the motion made by the defendant's counsel, when the people rested their case, that the defendant he, discharged, or that the jury be directed to find a verdict in his favor, upon the ground of a variance between the proof of the place where the offense was committed and the place where it is alleged to have been committed, in the indictment.
It is undoubtedly true that the offense charged in the indictment in this case is of a local nature, and that being so, the place where it is alleged to have been committed must he…
2Cited by2 opinions
- State v. StoneSupreme Court of Missouri · 1893
- State v. RobinsonSupreme Court of Minnesota · 1869