Legal Opinion

People v. Myers

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

Decided November 15, 1906Published

Appeal by the defendant, William A. Myers, from a judgment of the County Court of Wayne county, rendered on the 10th day of January, 1906, convicting the defendant of a violation of section 31 of the Liquor Tax Law,* alleged to have been committed on the 24th day of June, 1905, in having sold intoxicating liquors without obtaining a liquor tax certificate; and also from orders made on the 10th day of January, 1906, denying the defendant’s motions for a new trial and in…

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Appeal by the defendant, William A. Myers, from a judgment of the County Court of Wayne county, rendered on the 10th day of January, 1906, convicting the defendant of a violation of section 31 of the Liquor Tax Law,* alleged to have been committed on the 24th day of June, 1905, in having sold intoxicating liquors without obtaining a liquor tax certificate; and also from orders made on the 10th day of January, 1906, denying the defendant’s motions for a new trial and in arrest of judgment. The defendant was sentenced to imprisonment in the county jail for the term of six months and to pay a…

1Opinion of the Court

Kruse, J.:

At the beginning of the trial the defendant admitted that he had not obtained a liquor tax certificate which permitted him to sell intoxicating liquor, and the sole question of fact was whether he sold to one Henry Soper a bottle of whisky on the 24th day of June, 1905. Soper and his companion were private detectives employed in detecting violations of the Liquor Tax Law in the village of Clyde, Wayne county. They both testified that such sale was made by one Fisher, an employee of the defendant, in the defendant’s presence. This was denied by Fisher and by the defendant and by two…

2Cases cited26 opinions

  1. People v. . McQuadeNew York Court of Appeals · 1888
  2. People v. . ThornNew York Court of Appeals · 1898
  3. People v. . DimickNew York Court of Appeals · 1887
  4. People v. . PatrickNew York Court of Appeals · 1905
  5. People v. . BenhamNew York Court of Appeals · 1899

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