Von Der Leith v. State

The opinion of the court was delivered by

Lippincott, J..The plaintiff in error, at the December Term, 1895, of the Hudson Quarter Sessions, upon indict*47ment for that offence, was convicted of the sale of liquor at his liquor saloon ,in the city of Hoboken, on Sunday, under the sixty-first section of the “Act for the punishment of ■crimes.” Gen. Stat., p. 1061. He was not the keeper of an inn or tavern.

At the trial of the indictment, the sale of liquor on Sunday was admitted, the defence being that he was punishable not by conviction under indictment, but only upon conviction under the…