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33 How. Pr. 442

People v. Davis

New York Court of Appeals

Decided January 15, 1867

New York Court of Appeals · decided 1867-01-15

The defendant was indicted, tried and convicted, at the Yates county sessions, for a breach of the act to suppress intemperance, and to regulate the sale of intoxicating liquors. Held: that a license to sell liquor, &c., by a nonresident of the town, would afford the licensee no protection. Exceptions were duly taken, and he was convicted.

Decided 1867-01-15

¶1This court held, that such license could afford the defendant no protection, as the excise commissioners had no authority to sanction the sale of liquor in the town of Romulus, except by a resident of that town. That he was properly prosecuted in Tates county, as for purposes of criminal jurisdiction, any offense committed within five hundred yards of the county fine was committed within the county of Tates. That there was no error in permitting a general verdict, as the offense in each of the several counts was the same.

¶2And the judgment of the sessions was affirmed.

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