People v. . Charbineau
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Hay T, 1889, which affirmed a judgment of the Franklin County Court of Sessions overruling a demurrer to an indictment for selling liquor without a license. . The defendant was indicted in the Franklin County Court of Oyer and Terminer in September, 1888. The indictment contained two counts; the first count charged, in substance, that on the 1st day of…
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Hay T, 1889, which affirmed a judgment of the Franklin County Court of Sessions overruling a demurrer to an indictment for selling liquor without a license. . The defendant was indicted in the Franklin County Court of Oyer and Terminer in September, 1888. The indictment contained two counts; the first count charged, in substance, that on the 1st day of September, 1888, the defendant did sell, in quantities less than five gallons, to one Chase, strong and spirituous…
1Opinion of the CourtEarl, J.
The defendant was indicted by the grand jury of Franklin county for selling spirituous liquors without a license. The indictment contains two counts, each alleging a sale of liquor on the same day, at the same place and to the same person without a license. The sole difference between the counts is that in the first the defendant is charged with selling liquor in quantities less than five gallons; and in the second he is charged with selling liquor to be drank upon his premises. The defendant demurred to the indictment upon the grounds that more than one crime is charged therein, and that the…
2Cases cited2 opinions
- Behan v. . the PeopleNew York Court of Appeals · 1858
- Hill v. . the PeopleNew York Court of Appeals · 1859
3Cited by9 opinions
- RKO-Keith-Orpheum Theatres, Inc. v. City of New YorkNew York Court of Appeals · 1955
- Hans v. StateNebraska Supreme Court · 1897
- People v. O'MalleyAppellate Division of the Supreme Court of the State of New York · 1900
- United States v. JourdenDistrict Court, D. Alaska · 1911
- Hellwig v. BlumenbergNew York Supreme Court · 1889
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