Foote v. People
New York Supreme Court
Writ oe error to the Delaware county sessions. The defendant was indicted for selling intoxicating liquor without license. He was tried at the June sessions, 1873, found guilty and sentenced to be imprisoned in the county jail for ninety days, and pay a fine of $100. The other facts will sufficiently appear in the opinion.
1Opinion of the CourtP. Potter, J.
Before the trial a motion was made to postpone it to obtain a witness, which, I think, was discreetly denied. Also, a motion was made upon affidavits to quash the indictment upon the ground of irregularity and misconduct on the part of one of the grand jurors who found the indictment. This was met by opposing affidavits, denying the improprieties charged, and the denial of this motion, I think, cannot be justly challenged. A like motion was made at the close of the evidence, based upon the evidence and also upon the affidavit previously read, which was properly denied. *217Also a motion in arrest…
2Cases cited1 opinion
- People v. GilkinsonCourt Of Oyer And Terminer New York · 1857