People v. . Werner
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 20, 1900, affirming a judgment of the Wyoming County Court entered upon a verdict convicting the defendant of the crime of selling and delivering liquor to a minor under the age of eighteen years. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 20, 1900, affirming a judgment of the Wyoming County Court entered upon a verdict convicting the defendant of the crime of selling and delivering liquor to a minor under the age of eighteen years. The facts, so far as material, are stated in the opinion. If the defendant, at the time he sold this liquor to Lee Moore, relied upon the statement made to him by the father of this alleged minor, that he was over eighteen years of age, and if the defendant believed that statement,…
1Opinion of the CourtO’Brien, J.
The defendant kept a hotel or tavern and was authorized to traffic in liquors. He was convicted of a violation of the act in that he sold and delivered liquor to a minor under the age of eighteen years, contrary to the provisions of section thirty of the statute. The jury would have been justified in finding that the defendant acted in good faith, supposing from what the boy and his father had told him that he was over eighteen years of age, but the absence of any criminal intent and the circumstance that the defendant acted in good faith would seem to be immaterial. The law on that subject…
2Cases cited3 opinions
- People v. . KiblerNew York Court of Appeals · 1887
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
3Cited by60 opinions
- People v. . PersceNew York Court of Appeals · 1912
- Nickels v. StateSupreme Court of Florida · 1925
- People v. VetriNew York Court of Appeals · 1955
- Tenement House Department v. . McDevittNew York Court of Appeals · 1915
- People v. ScottNew York Court of Appeals · 1970
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