People v. Seeley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Seeley, from a judgment of the County Court of Schuyler county in favor of the plaintiff, entered on the 21st day of April, 1904, upon the verdict of a jury convicting the defendant of violating the Liquor Tax Law; also from an order bearing date the 22d day of December, 1903, and entered in the office of the clerk of the county of Schuyler overruling the defendant’s demurrer to the indictment, and also from two orders made on the 21st day of…
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Appeal by the defendant, Charles Seeley, from a judgment of the County Court of Schuyler county in favor of the plaintiff, entered on the 21st day of April, 1904, upon the verdict of a jury convicting the defendant of violating the Liquor Tax Law; also from an order bearing date the 22d day of December, 1903, and entered in the office of the clerk of the county of Schuyler overruling the defendant’s demurrer to the indictment, and also from two orders made on the 21st day of April, 1904, denying, respectively, the defendant’s respective motions for a new trial and in arrest of judgment.…
1Opinion of the Court
Smith, J.:
Defendant first challenges the indictment as not sufficiently stating the crime. The rule is unquestioned that under the provisions of sections 275 and 276 of the Code of Criminal Procedure prescribing the form of an indictment it must charge both the crime and the act constituting it. The omissiou of either is fatal. The crime is here charged as. the crime of offering and exposing for sale fermented liquors and distilled and rectified spirits in violation of section 31 of the Liquor Tax Law of the State of New York. (Laws of 1896, chap. 112, as amd. by Laws of 1903, chap. 486).…
2Cases cited3 opinions
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
- People v. SatchwellAppellate Division of the Supreme Court of the State of New York · 1901
- People v. Haren, New York County Courts1901
3Cited by4 opinions
- People v. HugginsAppellate Division of the Supreme Court of the State of New York · 1906
- Varner v. StateIndiana Court of Appeals · 1929
- In re NyceNew York Supreme Court · 1912
- People v. McDonnellNew York County Court, Steuben County · 1908