Jefferson v. . the People
New York Court of Appeals
Appeal by I. E. Jefferson from a judgment of the General Term of the Supreme Court in the Fourth Department, of October 20, 1882,. affirming a judgment of the Court of Sessions of Wyoming county, Hon. Lucros JSf.
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Appeal by I. E. Jefferson from a judgment of the General Term of the Supreme Court in the Fourth Department, of October 20, 1882,. affirming a judgment of the Court of Sessions of Wyoming county, Hon. Lucros JSf. Bangs, presiding, of October 5, 1881, convicting defendant of a violation of the excise law of 1857. The court ruled that there could be no conviction on the first three counts of the indictment, which charged the defendant with selling strong and intoxicating liquors in quantities less than five gallons, without a license. The fourth count of the indictment (drawn under L. 1857, c.…
1Opinion of the CourtDanfokth, J.
The indictment in question was found in May, 1881, and as the Code of Criminal Procedure had not then taken effect (§ 963), it is to be construed without regard .to the provisions of that act. The indictment contains four counts. At the close of the evidence, the court, on motion of defendant’s counsel, ruled that there could be no conviction ° under the first three counts ; but against the exception of the defendant’s counsel, submitted the ease to the jury as one in which the defendant, might be found guilty under the fourth count, saying to the jury : “You are only to consider whether or…
2Cases cited2 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- People v. . SmithNew York Court of Appeals · 1877
3Cited by14 opinions
- People v. . StedekerNew York Court of Appeals · 1903
- State v. RosascoOregon Supreme Court · 1922
- Commonwealth v. JobeSuperior Court of Pennsylvania · 1927
- People v. Kollender, New York County Courts1939
- Commonwealth v. FreedSuperior Court of Pennsylvania · 1932
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