Schwab v. People
New York Supreme Court
Writ of error to the Court of Oyer and Terminer, held in and for the county of Hew York, "to review the conviction of the plaintiff in error for violation of the excise laws, in selling wine without a license. The prosecution should aver the number of the house and the street in which the offense was committed.
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Writ of error to the Court of Oyer and Terminer, held in and for the county of Hew York, "to review the conviction of the plaintiff in error for violation of the excise laws, in selling wine without a license. The prosecution should aver the number of the house and the street in which the offense was committed. (State v. Gore, 34 N. H., 510; State v. Allen, R. M. Charlton, 518; 11 Hargrave State T., 299 ; Com. v. Cook, 13 B. Mon., 149 ; 1 Hale’s P. C., 517, 526, 535; 2 id., 170; People v. Allen, 5 Denio, 79; Chitty Cr. Pleadings, 200; Bishop on Cr. Proceedings, 75 ; Wharton Cr. Law, § 682,…
1Opinion of the Court
Daniels, J.:
The defendant in error was convicted of a misdemeanor, committed by selling wine without license, in a quantity of less than five gallons, to be drank upon his premises. The indictment was found under the act of April 16, 1857. By that act it was provided that whoever shall sell any strong or spirituous liquors or wines, to be drank in his house or shop, or any out-house, yard or garden appertaining thereto, or shall suffer or permit any such liquors or wines sold by him, or under his direction or authority, to be drank in his house or shop, or in any out-house, yard or garden…
2Cases cited5 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
- Behan v. . the PeopleNew York Court of Appeals · 1858
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
- Hodgman v. PeopleNew York Supreme Court · 1847