Legal Opinion

People v. Berberrich

New York Supreme Court

Decided July 21, 1855PublishedCited by 5 opinions

CERTIORARI to a court of special sessions held by the county judge of Dutchess county, to remove a conviction of the defendant, for a violation ofa the prohibitory liquor law, in selling intoxicating liquor.

1Opinion of the CourtRockwell, J.

The defendant has been convicted before a court of special sessions, held by the county judge of Dutchess county, of having sold intoxicating liquor in violation of the act *229fór the prevention of intemperance, pauperism and crime, passed April 9, 1855. It is claimed that the defendant should be discharged from custody,

I. Because so much of the said act as prohibits the sale of intoxicating liquor is void. That such prohibition is an unauthorized invasion of private rights, and a violation of the fundamental law. I entertain no doubt that intoxicating liquor is property, and as such is entitled…

2Cases cited2 opinions

  1. Russell v. Mayor of New-YorkNew York Supreme Court · 1845
  2. Mayor of New York v. LordNew York Supreme Court · 1837

3Cited by5 opinions

  1. Borman v. StateSupreme Court of Alabama · 1859
  2. People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
  3. People v. CookNew York Supreme Court · 1887
  4. Thomas v. McFarlinMonroe County Court · 1940
  5. Wynehamer v. . the PeopleNew York Court of Appeals · 1856

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