People v. Adams
New York Supreme Court
Error from the Oneida general sessions. Adams was indicted, for that on the first day of June, 1836, and on divers other days and times between that day and the day of the finding of the indictment (to wit, 12th September, 1836), at, &c., he sold by retail to divers citizens of this state, and to divers persons to the jurors aforesaid unknown, and did deliver, in pursuance-of such sale, to the said divers citizens, and the said divers persons to the jurors aforesaid unknown,…
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Error from the Oneida general sessions. Adams was indicted, for that on the first day of June, 1836, and on divers other days and times between that day and the day of the finding of the indictment (to wit, 12th September, 1836), at, &c., he sold by retail to divers citizens of this state, and to divers persons to the jurors aforesaid unknown, and did deliver, in pursuance-of such sale, to the said divers citizens, and the said divers persons to the jurors aforesaid unknown, strong and spirituous liquors and wines, to wit, three gills of brandy; three gills of rum, three gills of gin, three…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
Various objections have been taken to the ind'etment which it is proper to notice.
T is said the count is too general, and does not apprise the defendant sufficiently of the offence charged, so as to enable him to prepare for his de fence. The only ground for complaint in this respect must relate to time, the offence being laid on a particular day with a continuando; and to the persons to whom the spirituous liquors were sold, they not being named, and it not being alleged they were unknown to the jurors. In every other respect the count is sufficiently explicit and…
2Cited by43 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Ingram v. StateSupreme Court of Alabama · 1864
- Commonwealth v. DingmanSuperior Court of Pennsylvania · 1904
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. LaddSupreme Court of Missouri · 1852
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