Wynehamer v. . the People
New York Court of Appeals
Wtnehamer, the defendant in the court below in the case first above entitled, was, in July, 1855, indicted at a court of general sessions, held in and for the county of Erie, for selling intoxicating liquors, contrary to the provisions of the statute entitled “ An act for the prevention of intemperance, pauperism and crime.”
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Wtnehamer, the defendant in the court below in the case first above entitled, was, in July, 1855, indicted at a court of general sessions, held in and for the county of Erie, for selling intoxicating liquors, contrary to the provisions of the statute entitled “ An act for the prevention of intemperance, pauperism and crime.” The indictment contained several counts, each of which charged in substance that the defendant, on a day subsequent to the 4th of July, 1855, at the city of Buffalo, wilfully and unlawfully and contrary to the form of the statute, sold to persons unauthorized by law to…
1Dissent
It has been shown, I think, in the case of Wynchamer v. ThePeople, and we all agree, that imported liquors, the moment they leave the hands of the importer, have passed the line of foreign commerce and federal authority, and become exclusively subject to state regulations and control; and that when they are once brought into this condition, the only right which attaches, so far as any right flows from government, is derived wholly from state laws, and they are not then within the exception in the 1st section of the act. I have also attempted in that case, as I think successfully, to…
2Cases cited1 opinion
- People ex rel. Booth v. FisherNew York Supreme Court · 1855