The People v. . Hislop
New York Court of Appeals
Error to the General Term of the Supreme Court in the fourth judicial department to revieiv judgment reversing proceedings on habeas corpus, under and by Avhich the said defendant in error was remanded to custody, and discharging him from imprisonment.
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Error to the General Term of the Supreme Court in the fourth judicial department to revieiv judgment reversing proceedings on habeas corpus, under and by Avhich the said defendant in error was remanded to custody, and discharging him from imprisonment. (Reported below, 16 Hun, 577.) The defendant in error was arrested upon a criminal warrant issued by a police justice of the village of Palmyra, charging him with a misdemeanor in selling liquor to an intoxicated person, contrary to the provisions of section eighteen, chapter 628, Laws of 1857. He pleaded guilty, and was sentenced to…
1Opinion of the Court
Chuboh, Ch. J.
But for the Behan Case (17 N. Y., 516), I should have no hesitation in holding that the offence of selling liquor to an intoxicated person, created by section eighteen, of the excise act of 1857, is not indictable and punishable as a criminal offence. It is not declared to be a misdemeanor, in that or any other act. It was not a criminal offence at common law, nor by any previous statute. A specific penalty is imposed for the offence, and a mode prescribed for enforcing it. The section reads : “Whoever shall sell or give away any strong or spirituous liquors or wines, or shall…
2Cases cited4 opinions
- People v. StevensNew York Supreme Court · 1835
- Behan v. . the PeopleNew York Court of Appeals · 1858
- Hill v. . the PeopleNew York Court of Appeals · 1859
- Foote v. . People of the State of N.Y.New York Court of Appeals · 1874
3Cited by15 opinions
- People Ex Rel. Carr v. MartinNew York Court of Appeals · 1941
- People v. ValenzaNew York Court of Appeals · 1983
- State v. . R. R.Supreme Court of North Carolina · 1907
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- People ex rel. Childs v. KnottAppellate Division of the Supreme Court of the State of New York · 1919
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