Foote v. People
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department, to review judgment affirming judgment of the Court of Sessions, in and for the county of Delaware, entered upon a verdict convicting plaintiff in error of a misdemeanor. (Beported below, 2 N. Y. S. C. B. [T. & 0.], 216.) Plaintiff in error was indicted for selling strong and spirituous liquors and wines in quantities less than five gallon’s without a license and without authority of law.
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Error to the General Term of the Supreme Court in the third judicial department, to review judgment affirming judgment of the Court of Sessions, in and for the county of Delaware, entered upon a verdict convicting plaintiff in error of a misdemeanor. (Beported below, 2 N. Y. S. C. B. [T. & 0.], 216.) Plaintiff in error was indicted for selling strong and spirituous liquors and wines in quantities less than five gallon’s without a license and without authority of law. He was convicted; whereupon the court held and decided “ that this was a case in which it would exercise discretion and would…
1Opinion of the CourtFolger, J.
The plaintiff in error was convicted of selling strong and spirituous and intoxicating liquors and wines, in quantities less than five gallons at a time, by retail, without having a license therefor, or being authorized thereto by law. This was a specific violation of section 13 of the act of 1857. (Laws of 1857, chap. 628, p. 405.) That section prescribes a penalty, by way of forfeiture, of fifty dollars for each offence against it; it is otherwise silent as to the character of the offence against its provisions, or the punishment therefor. There is not, in the whole statute, any provision,…
2Cases cited3 opinions
- Behan v. . the PeopleNew York Court of Appeals · 1858
- Russell v. . ConnNew York Court of Appeals · 1859
- Hill v. . the PeopleNew York Court of Appeals · 1859
3Cited by4 opinions
- Brown v. StateSupreme Court of Colorado · 1881
- Youngerman v. Board of SupervisorsSupreme Court of Iowa · 1899
- Westlake v. . KochNew York Court of Appeals · 1892
- McLean v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1923