People v. Ferranto
New York County Courts
The indictment in this case charges the defendant with misdemeanor, committed by the sale of fermented and malt liquors on Sunday, December 6, 1896, at the city of Rochester.
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The indictment in this case charges the defendant with misdemeanor, committed by the sale of fermented and malt liquors on Sunday, December 6, 1896, at the city of Rochester. In the first count it is alleged that he did T offer and expose for sale fermented and malt liquors in quantities of less than five gallons at a time to be drunk on the premises, on the first day of the week commonly called Sunday, to divers ill-meaning and ill-disposed persons, said persons not being then and there guests of any hotel, contrary to the form of the statute, etc.” The second count charges that the…
1Opinion of the Court
Sutherland, Co. J.
It is claimed that this indictment is defective because it does not state the name of the purchaser to *412whom the defendant is charged with selling liquor on the Sunday named herein, nor does it contain any allegation to the effect that the name of the purchaser was unknown to the grand jury. In an opinion written in 1837 by Chief Justice Nelson in Peo. v. Adams, 17 Wend. 475, the Supreme Court of this State said that in an indictment, for selling liquor without a license it was not necessary to state the, name of the purchaser. And this view was-entertained by Chief Judge…
2Cases cited4 opinions
- People v. AdamsNew York Supreme Court · 1837
- People v. GreggNew York Supreme Court · 1891
- Osgood v. . the PeopleNew York Court of Appeals · 1868
- People v. StarkNew York Supreme Court · 1891