Legal Opinion

People v. Kastner

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

Decided January 15, 1905PublishedCited by 1 opinion

Appeal by the defendant, Fred Kastner, from a judgment of the County Court of St. Lawrence county, entered in the office of 'the clerk of the county of St. Lawrence oh .the 28th day of January, .1904, upon the verdict of a jury, convicting the defendant of the crime of violating section 31.of the Liquor Tax.

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Appeal by the defendant, Fred Kastner, from a judgment of the County Court of St. Lawrence county, entered in the office of 'the clerk of the county of St. Lawrence oh .the 28th day of January, .1904, upon the verdict of a jury, convicting the defendant of the crime of violating section 31.of the Liquor Tax. Law (Laws of 1896, .«chap. 112, as'amd, by Laws of 1903, chap.• 486) in selling liquor without a liquor tax certificate, and also from an order denying the defendant’s motion for a new trial.

1Opinion of the Court

Parker, P. J.:

The People’s witnesses, Beach and Roach, testify that they went into the barroom on September 22* 1903, where 'the defendant was tending, and asked what the defendant was selling there; that the defendant replied that he sold soft drinks, naming some, and among them a drink called “ Malt Rose.” .The witnesses asked, for the latter drink, and a glassfull was poured out for each; that they drank part, and that Beach put a part from his glass into a Small bottle he had there. This change from glass to bottle was-made while the defendant had for a moment-stepped into an adjoining…

2Cited by1 opinion

  1. People v. CoxAppellate Division of the Supreme Court of the State of New York · 1905

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