People v. Kozak
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Kozak and another,' from a judgment of the County Court of Oneida county, rendered against the defendants on the 16th day of December, 1912, . upon the verdict of a jury convicting them of selling intoxicating liquors on Sunday, in violation of section 30, subdivision A, of the Liquor Tax Law (Consol. Laws, chap. ■ 34 [Laws of 1909, chap. 39], as amd.. by Laws of 1910, chap. 494). The judgment was entered upon the verdict of a jury.
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Appeal by the defendants, John Kozak and another,' from a judgment of the County Court of Oneida county, rendered against the defendants on the 16th day of December, 1912, . upon the verdict of a jury convicting them of selling intoxicating liquors on Sunday, in violation of section 30, subdivision A, of the Liquor Tax Law (Consol. Laws, chap. ■ 34 [Laws of 1909, chap. 39], as amd.. by Laws of 1910, chap. 494). The judgment was entered upon the verdict of a jury. The defendants were jointly indicted by a grand jury of Oneida county on October 30, 1912, for a violation of the Liquor Tax Law of…
1Opinion of the Court
McLennan, P. J.:
The evidence tends to show that Peter Kozak was the proprietor of a saloon or place in which liquor was illegally sold, and in which said alleged violation took place; that he sold such liquor in the morning at about seven o’clock, and that later in *461the forenoon his brother, John Kozak, also made a similar sale in such saloon or place. We think that the sale by the proprietor and the sale by his brother John, whether as agent, * copartner or otherwise, constituted an offense within the meaning of the statute as far as the proprietor of the saloon is concerned, and that the two…
2Cases cited1 opinion
- Hall v. McKechnieNew York Supreme Court · 1856