Legal Opinion

People v. . Weiner

New York Court of Appeals

Decided June 2, 1914PublishedCited by 5 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1912, which reversed a judgment of the Delaware County Court rendered upon a verdict convicting the defendant of a violation of the Liquor Tax Law and dismissed the indictment. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Willaed Baetlett, Ch. J.:

The defendant was indicted for violating subdivision K of section 30 of the Liquor Tax Law (Cons. Laws, ch. 34; Laws of 1909, ch. 39) under which it is a misdemeanor “ to solicit, accept or procure in a town in which a liquor tax certificate is prohibited ” pursuant to the local option provision of the statute, “ an order to deliver or send to another, or for another, liquor in any quantity, where the person for whom such liquor is procured resides in any such town.” The indictment alleged that the defendant was a resident and citizen of Kingston in Ulster county and…

2Cases cited3 opinions

  1. People v. . WernerNew York Court of Appeals · 1903
  2. Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1886
  3. People v. . O'BrienNew York Court of Appeals · 1900

3Cited by5 opinions

  1. People v. BellowsNew York Court of Appeals · 1939
  2. People v. . RedmondNew York Court of Appeals · 1919
  3. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1964
  4. People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1916
  5. People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1916

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