People v. Cox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Cox, from a judgment of the County Court of St. Lawrence county in favor of the plaintiff entered in the' office of the clerk of the county of St.. Lawrence oil the 28th day of November, 1904, upon the special verdict of a jury convicting the defendant, of a violation of the Liquor Tax Law, and also from an order made during the .trial denying the defendant’s, motion for a new trial and in arrest of judgment.
1Dissent
Houghton, J. (dissenting):
The defendant was indicted for selling lager beer. On the trial it transpired that he sold what is known as “malt rose.” The *306defendant offered to prove that this beverage was not intoxicating, and the trial court held and charged the jury that the statute was violated by the sale of malt ór fermented liquors whether they were intoxicating or not. This was error for which the conviction should be reversed.
It is true that the Liquor Tax Law defines the “ liquors,” the sale of which is prohibited without a liquor tax certificate to mean and include “ all distilled or…
2Cases cited4 opinions
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
- People ex rel. Einsfeld v. MurrayAppellate Division of the Supreme Court of the State of New York · 1896
- People v. KastnerAppellate Division of the Supreme Court of the State of New York · 1905