People v. . Smith
New York Court of Appeals
Eeeoe to the General Term of the Supreme Court in the fourth judicial department, to review judgment, reversing a judgment of the Court of Sessions of Jefferson county, entered upon a verdict, convicting defendant in error of selling strong and, spirituous liquors to be drank on the premises without having an inn-keeper’s license, in violation of the excise law (§ 14, chap. 628, Laws of 1870.) (Reported below, 9 Hun, 446.) It appeared that defendant in error had obtained a…
Read the full summary
Eeeoe to the General Term of the Supreme Court in the fourth judicial department, to review judgment, reversing a judgment of the Court of Sessions of Jefferson county, entered upon a verdict, convicting defendant in error of selling strong and, spirituous liquors to be drank on the premises without having an inn-keeper’s license, in violation of the excise law (§ 14, chap. 628, Laws of 1870.) (Reported below, 9 Hun, 446.) It appeared that defendant in error had obtained a license in due form under section four of the act of 1870 (chap. 175), authorizing him to sell strong and spirituous…
1Opinion of the CourtFolger, J.
The defendant was indicted and tried for selling strong and spirituous, liquors and wines by retail, in quantities less than five gallons at a time, to be drank on his premises, without having a licence therefor as an inn, tavern, or hotel-keeper. The jury found him guilty. There is not serious question but that he did sell intoxicating liquors in the quantities named to be drank upon his premises. There is no question but that he did so, without having a tavern license. His main defense was, that the board of excise of the city of his abode had given him a license to sell on his premises in…
2Cases cited3 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Behan v. . the PeopleNew York Court of Appeals · 1858
- Board of Excise of Ont. Co. v. . GarlinghouseNew York Court of Appeals · 1871
3Cited by10 opinions
- Isaacs v. SchmuckNew York Court of Appeals · 1927
- Jefferson v. . the PeopleNew York Court of Appeals · 1885
- People ex rel. Strough v. Board of County CanvassersNew York Supreme Court · 1894
- Martin v. PineNew York Supreme Court · 1894
- Harvey v. FinnickNew York Supreme Court · 1981
5 more not listed; retrieve them via the Exa API.