People v. . Krank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made December 31, 1887, which reversed a judgment of the Court of Sessions of the county of Orleans, entered upon a verdict convicting defendant of the offense of selling liquor without a license. (Reported below, 46 Hun, 632.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made December 31, 1887, which reversed a judgment of the Court of Sessions of the county of Orleans, entered upon a verdict convicting defendant of the offense of selling liquor without a license. (Reported below, 46 Hun, 632.) The material facts are stated in the opinion. Upon a trial for a violation of the excise law, if the defendant has a license and wishes to justify the sale thereunder, he must establish that fact. (Potter v. Deyo, 19 Wend. 361; Fleming v. People, 27 N. Y. 329; Harris v. White,…
1Opinion of the CourtPeckham, J.
The defendant was indicted for selling liquor without a license on the 3d day of July, 1886, which was Saturday. The proof upon which he was convicted showed a sale on Sunday. The indictment did not allege a sale on Sunday, and the defendant now argues that he could not properly he convicted of a sale on the latter day under such indictment. It is, to say the least, doubtful whether the point is raised by any valid objection and exception. Upon the trial the People called a witness who testified that he was in the defendant’s place on the first Sunday in July, and he was then asked whether he…
2Cited by19 opinions
- People v. CunninghamNew York Court of Appeals · 1979
- People v. La MarcaNew York Court of Appeals · 1957
- State v. ThompsonSupreme Court of Minnesota · 1954
- Moran v. City of AtlantaSupreme Court of Georgia · 1898
- People v. Skarczewski, New York County Courts1941
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