Wynehamer v. . the People
New York Court of Appeals
Wtnehamer, the defendant in the court below in the case first above entitled, was, in July, 1855, indicted at a court of general sessions, held in and for the county of Erie, for selling intoxicating liquors, contrary to the provisions of the statute entitled “ An act for the prevention of intemperance, pauperism and crime.”
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Wtnehamer, the defendant in the court below in the case first above entitled, was, in July, 1855, indicted at a court of general sessions, held in and for the county of Erie, for selling intoxicating liquors, contrary to the provisions of the statute entitled “ An act for the prevention of intemperance, pauperism and crime.” The indictment contained several counts, each of which charged in substance that the defendant, on a day subsequent to the 4th of July, 1855, at the city of Buffalo, wilfully and unlawfully and contrary to the form of the statute, sold to persons unauthorized by law to…
1Dissent
Wynehamer was indicted, tried by a common law jury and found guilty; no such objection as exists in Toynbee's case can be raised in this.
The only questions properly arising in this case are. 1st. Whether the only remedy allowable under the prohibitory law is by complaint before the special sessions? 2d. Whether the 1st section of the act allows every one to sell imported liquors by retail, and in packages less than those in which they were imported? or, allows the sale of imported liquors only by such persons and in such quantities as the United States law, controlling the state, compels the…
2Cases cited2 opinions
- People v. BerberrichNew York Supreme Court · 1855
- People v. ToynbeeNew York Supreme Court · 1855