People v. Safford
New York Supreme Court
Certiorari to the general sessions of Washington county. The defendant was indicted in the sessions in October, 1846, for the offence of selling strong and spirituous liquor by retail, without licence, and for selling such liquor to be drank in his shop, &c. contrary to the provisions of the revised statutes.
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Certiorari to the general sessions of Washington county. The defendant was indicted in the sessions in October, 1846, for the offence of selling strong and spirituous liquor by retail, without licence, and for selling such liquor to be drank in his shop, &c. contrary to the provisions of the revised statutes. (1 R. S. 680, §§ 15, 16, 25.) The indictment did not contain any allusion to the excise law of 1845. The defendant having pleaded not guilty, the trial took place in March, 1847. A witness for the prosecution (Bailey) testified that he had repeatedly bought wine of the defendant, by…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
It appeared, on the trial, that the defendant had repeatedly sold wine by retail, to one Bailey, which he drank at the same time in the defendant’s house. The defendant then offered to show that this wine had all been delivered by him to Bailey “ under the direction and prescription of a licenced physician.” The evidence was rejected and the defendant’s counsel excepted.
I am not disposed to deny that the prescription of a licenced physician might justify such a sale; but the liquor or wine sold must have been prescribed “ for medical purposes.” Such are the…
2Cases cited1 opinion
- Silsbury & Calkins v. McCoon & ShermanNew York Supreme Court · 1847
3Cited by22 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Putnam v. United StatesSupreme Court of the United States · 1896
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Wilkinson v. . GillNew York Court of Appeals · 1878
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