Legal Opinion

People v. Cook

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1921PublishedCited by 4 opinions

Appeal by the defendant, Mike Cook, from a judgment of the County Court of Cattaraugus county, rendered on the 18th day of October, 1920, convicting him of violating the Liquor Tax Law of the State of New York.

1Opinion of the Court

Hubbs, J.:

Upon the trial of the defendant his counsel, by objections and exceptions to the rulings made by the court, raised the question that the defendant could not be legally convicted of the crime of violating the Liquor Tax Law because that law had been superseded and nullified by the adoption of the Eighteenth Amendment to the Constitution of the United States and the enactment of the National Prohibition Act (41 U. S. Stat. at Large, 305,# chap. 83), being the act of October 28, 1919, known as the Volstead Act.

The first two sections of the Eighteenth Amendment read as follows:

“ Section…

2Cases cited21 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. In Re RahrerSupreme Court of the United States · 1891
  4. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  5. Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. McGrawWest Virginia Supreme Court · 1955
  2. In re SiracusaNew York Supreme Court · 1925
  3. Locust Club v. City of RochesterNew York Supreme Court · 1965
  4. Palmer v. StateIndiana Supreme Court · 1921

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