People v. Henschel
New York Supreme Court
Appeal from court of sessions, Suffolk county. Complaint charging Samuel Henschel with the crime of selling intoxicating liquor in quantities less than five gallons at a time without having a license therefor. Upon conviction, on trial by a jury at a court of special sessions, defendant was sentenced to imprisonment for 30 days and to pay a fine of $50, .and the judgment was affirmed on appeal to the court of sessions. ' From the judgment of affirmance, defendant appeals.
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Appeal from court of sessions, Suffolk county. Complaint charging Samuel Henschel with the crime of selling intoxicating liquor in quantities less than five gallons at a time without having a license therefor. Upon conviction, on trial by a jury at a court of special sessions, defendant was sentenced to imprisonment for 30 days and to pay a fine of $50, .and the judgment was affirmed on appeal to the court of sessions. ' From the judgment of affirmance, defendant appeals. Code Crim. Proc. K. Y. § 717, relating to courts of special sessions, provides: “When the defendant pleads guilly, or is…
1Opinion of the CourtBarnard, P. J.
The complaint was sufficient to give the justice jurisdiction. It was stated therein that the defendant had no license to sell either strong liquor or beer, and that he was engaged in selling at an auction of one Kevins, in Southtown, intoxicating drink in quantities less than five gallons. The complaint as to the sale was on information and belief. Before the warrant was issued several witnesses made oath in support of the complaint that -the defendant sold them lager beer which was intoxicating; that on one occasion he sold the stuff as ginger ale. The purchaser was compelled to testify…
2Cited by3 opinions
- Nussbaumer v. StateSupreme Court of Florida · 1907
- Green v. StateSupreme Court of Georgia · 1902
- People v. Luhrs, New York Court of Sessions, Orange County1894