Legal Opinion

People v. . Andrews

New York Court of Appeals

Decided October 8, 1889PublishedCited by 18 opinions

The defendant, John Andrews, was indicted in the Court of Sessions of Cayuga County, Hon. Marcus Lyost, County Judge, presiding, for selling strong and spirituous liquors to be drank on the premises without having a license. From the order entered June 5, 1888, upon the conviction, the defendant appealed to the General Term of the Supreme Court in the Fifth Department. The facts appear in the opinion of the General Term of the Supreme Court and of the Court of Appeals.

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The defendant, John Andrews, was indicted in the Court of Sessions of Cayuga County, Hon. Marcus Lyost, County Judge, presiding, for selling strong and spirituous liquors to be drank on the premises without having a license. From the order entered June 5, 1888, upon the conviction, the defendant appealed to the General Term of the Supreme Court in the Fifth Department. The facts appear in the opinion of the General Term of the Supreme Court and of the Court of Appeals. The statute relating to the jurisdiction of the Courts of Special Sessions in relation to the unlawful sale of liquor is…

1Opinion of the Court

The following was the opinion of the General Term :

Haight, J.

Information was first filed before a justice of the- peace, who entered upon an examination of the per sons designated in the information. Pending such examination and before a warrant was issued, the attorneys for the complainant notified the justice that they had concluded to proceed no further before him, but had decided to take the matter before the grand jury of the county. The justice thereupon did nothing further in the case, but thereupon sent the papers to the district attorney. Subsequently the defendant was indicted by…

2Cases cited1 opinion

  1. Commonwealth v. EwigMassachusetts Supreme Judicial Court · 1887

3Cited by18 opinions

  1. State v. DukeTexas Supreme Court · 1911
  2. State v. DukeTexas Supreme Court · 1911
  3. State ex rel. Bell v. St. Louis ClubSupreme Court of Missouri · 1894
  4. People v. . Adelphi ClubNew York Court of Appeals · 1896
  5. Barden v. Montana ClubMontana Supreme Court · 1891

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