People v. Krank
New York Supreme Court
Appeal from a judgment of the Court of Sessions, for the county of Orleans. The indictment contained three counts. In the first, it was charged that on the 3d day of July, 1886, the defendant sold strong and spiritous liquors, in quantity less than five gallons, to divers persons, to the grand jurors unknown, without having a license therefor; in the second count, he is charged with having on the same day sold strong and spiritous liquors, in quantity less than five gallons,…
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Appeal from a judgment of the Court of Sessions, for the county of Orleans. The indictment contained three counts. In the first, it was charged that on the 3d day of July, 1886, the defendant sold strong and spiritous liquors, in quantity less than five gallons, to divers persons, to the grand jurors unknown, without having a license therefor; in the second count, he is charged with having on the same day sold strong and spiritous liquors, in quantity less than five gallons, to one Henry Yezie, and divers persons, to the grand jurors unknown, without having a license therefor; in the third…
1Opinion of the Court
Barker, J.:
The proofs show that the defendant was guilty of making one sale only, and that was to Henry Yezie, the person named in the second and third counts of the indictment, as the person to whom the sale was made. The indictment charged that the sale took place on the third of July, and the proof was, that it was made on the fourth of July, which last named day was Sunday.
*634The defendant makes the point, that the variance between the time alleged and the time proved, as the day on which the offense was committed, is such as to amount to a failure of proof sustaining the charge set forth in…
2Cases cited3 opinions
- Foote v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. BallNew York Supreme Court · 1864
- Commonwealth v. McCurdyMassachusetts Supreme Judicial Court · 1872