Wynehamer v. People
Court Of Oyer And Terminer New York
The plaintiff in error, was indicted in the Court of Sessions of Erie county, and charged with having sold intoxicating liquor in small quantities contrary to the provisions of the prohibitory liquor act of April 9, 1855. Upon the trial, several exceptions were taken to the decisons of the court, involving the validity of the indictment, the regularity of the proceedings • and the construction and constitutionality of the act.
Read the full summary
The plaintiff in error, was indicted in the Court of Sessions of Erie county, and charged with having sold intoxicating liquor in small quantities contrary to the provisions of the prohibitory liquor act of April 9, 1855. Upon the trial, several exceptions were taken to the decisons of the court, involving the validity of the indictment, the regularity of the proceedings • and the construction and constitutionality of the act. Evidence was given on the trial tending to show that on several occasions between the 4th and 14th of July, 1855, the plaintiff in error had sold and delivered to…
1Opinion of the Court
Woodworth, J.,
in delivering the opinion of the court, in the case of The People v. Bartow, (6 Cowen, 293,) says, “ Although a penal statute is to be construed strictly, the courts are not to disregard the plain intent of the legislature.
“ Among other things it is well settled, that a statute which is made for the good of the public, ought although it be penal, to receive an equitable construction. When it is considered that this statute (the restraining act) was intended to strike at an existing evil, deemed to be of serious injury to the community, it can not well be doubted that its…
2Cases cited22 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Fletcher v. PeckSupreme Court of the United States · 1810
- Brown v. MarylandSupreme Court of the United States · 1827
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
17 more not listed; retrieve them via the Exa API.