New York Criminal Reports (Volume 37); Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes and References (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1920. Not illustrated. Excerpt: ... O'Reilly, 129 App. Div. 522.) The indictment was, therefore, sufficient in merely alleging, as the testimony was sufficient in merely proving, sales of lager beer. (People v. Cox, 106 App. Div. 299, 19 N. Y. Crim. 481; Clement v. Dwight, 137 id. 389; People v. Palluch, 182 id. 603, 36 N. Y. Crim. 371; People v. Schwartz, 183 id. 367, 36 N. Y. Crim. 536.) The indictment is also criticised for its failure to specify the facts which made the town of Lloyd a no-license town. The Liquor Tax Law provides that it shall be unlawful "to sell liquor in any quantity in a town in which a liquor tax certificate is prohibited as the result of a vote upon questions one, two and four submitted under section thirteen of this chapter." (Consol. Laws, chap. 34 Laws of 1909, chap. 39], 30, subd. J, as amd. by Laws of 1910, chaps. 485, 494.) The facta which are thus made an offense are the precise facts charged by the indictment. It is true that in People v. Seeley (105 App. Div. 149) the court did say: "To bring the charge within that provision of the statute facts must be alleged to show that that vote was taken after petition was duly presented and due notice given to the electors of the vote to be taken upon such question." These remarks were obiter dicta for the indictment in other respects was held sufficient, and a conviction thereunder was sustained. A petition no more makes an excise election valid than a multitude of other facts. A petition must be signed by ten per cent of the voters; the voters must be qualified electors; the petition must be acknowledged; the petition must be on file with the town clerk twenty days; a certified copy thereof must be filed with the board of elections; ten days' notice of the election must be printed and posted; five days'...