People v. Wilber
New York Supreme Court
Appeal from court of sessions, Fulton county. Edward Wilber was convicted of violating the excise laws of the state of New York, in selling intoxicating liquors in quantities less than five gallons at a time, to be drank on his premises, without having a license so to do, and sentenced to “be imprisoned in the Albany county penitentiary ninety days, and that he pay a fine of fifty dollars, and be imprisoned in said penitentiary until said fine is paid, not exceeding fifty…
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Appeal from court of sessions, Fulton county. Edward Wilber was convicted of violating the excise laws of the state of New York, in selling intoxicating liquors in quantities less than five gallons at a time, to be drank on his premises, without having a license so to do, and sentenced to “be imprisoned in the Albany county penitentiary ninety days, and that he pay a fine of fifty dollars, and be imprisoned in said penitentiary until said fine is paid, not exceeding fifty days; in addition to said ninety days,” and from a judgment of the court of sessions, affirming in part the judgment of…
1Opinion of the CourtLearned, P. J.
This case was submitted without argument. We have endeavored to understand on what legal grounds the defendant asks a reversal. We cannot, on this appeal, review the refusal of the county judge to grant the certificate authorized by section 57, Code Crim. Proc. Before any jurors were drawn, the defendant challenged the array on the ground that the jury was summoned by an officer connected with the police department of Gloversville, and under the official control of the complainant, who is chief of the police of that city, and that said jury were not fairly and impartially drawn. The record…
2Cited by4 opinions
- People v. ButtsAppellate Division of the Supreme Court of the State of New York · 1907
- People v. PrimAppellate Division of the Supreme Court of the State of New York · 1975
- United States ex rel. Pollock v. DennoDistrict Court, S.D. New York · 1960
- People v. CarnrickNew York Supreme Court · 1891