People v. Fappiano

Collins, J.:

Both defendants were charged separately with the crime of violating the Liquor Tax Law, in that on the 5th day of May, 1912, at No. 8 Doyer street, in the county of New York, they engaged in the traffic of liquors without having paid the excise tax, as required by subdivision 1 of section 8 of the Liquor Tax Law, or, in other words, that they engaged in the sale of liquors without a license. On trial a stipulation was entered into as to both cases to the effect that they were to be considered as if tried together. A motion was made at the close to acquit defendants, on which…