Foote v. . People of the State of N.Y.

The plaintiff in error was convicted of selling strong and spirituous and intoxicating liquors and wines, in quantities less than five gallons at a time, by retail, without having a license therefor, or being authorized thereto by law. This was a specific violation of section 13 of the act of 1857. (Laws of 1857, chap. 628, p. 405.) That section prescribes a penalty, by way of forfeiture, of fifty dollars for each offence against it; it is otherwise silent as to the character of the offence against its provisions, or the punishment therefor. There is not, in the whole statute, any provision,…