People v. Crotty
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment, convicting defendant of an unlawful sale of liquor. Defendant was indicted for an unlawful sale of liquor on Sunday.
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Appeal from a judgment, convicting defendant of an unlawful sale of liquor. Defendant was indicted for an unlawful sale of liquor on Sunday. At the trial the judge charged the jury that, if the defendant sold the beverage on the specified date, then he violated the-law, and, if they believed that, they should say so with a verdict, of guilty; and also that the question was whether the admitted sale was made in good faith, with a meal; and also that the judge could merely tell the jury the law, and they must pass on the question of guilt or innocence, and that the responsibility was on them.
1Opinion of the CourtIngraham, J.
The defendant was indicted for a violation of section 31 of chapter 112 of the Laws of 1896, the “Liquor-Tax Law.” By that section it is provided that “ it shall not be lawful for any corporation, association, copartnership or person, whether having paid such tax or not, to sell, offer or expose for~ *474sale, or give away any liquor, on Sunday, or before five o’clock A. M., on Monday.” The indictment charged the defendant with having unlawfully sold to one Harvey D. Corey, and to certain other persons whose names are unknown, liquor on the 13th day of August, lc96, the same being Sunday. There…
2Cases cited2 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- McKenna v. . the PeopleNew York Court of Appeals · 1880
3Cited by2 opinions
- Sustar v. County CourtOregon Supreme Court · 1921
- Clement v. MartinAppellate Division of the Supreme Court of the State of New York · 1907