Legal Opinion

People v. Yarter

Appellate Division of the Supreme Court of the State of New York

Decided September 11, 1912Published

Appeal by the plaintiff, The People of the State of New York, from a judgment of the County Court of Washington county, entered in the office of the clerk of said county upon the decision of the court made on the 2d day of February,. 1912, allowing a demurrer to an indictment charging the defendant with a violation of the Liquor Tax Law.

1Opinion of the Court

Lyon, J.:

This is an appeal from a judgment allowing a demurrer to an indictment which charged defendant, who was a hotel-keeper in the town of Hartford, Washington county, with having in October, 1911, unlawfully trafficked in liquor, no part of which was to be drunk on the premises where sold. At a preceding town meeting the vote upon local option had resulted in the negative as to questions 1, 2 and 3, and in the affirmative as to question No. 4. The vital question involved upon this appeal is whether the respondent, who was the holder of a liquor tax certificate issued under subdivision 1…

2Cases cited2 opinions

  1. Hall v. . People of the State of New YorkNew York Court of Appeals · 1882
  2. Baxter v. LancasterAppellate Division of the Supreme Court of the State of New York · 1901

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