Wynehamer v People.pdf - The University of Texas at Austin

382 CASES IN THE COURT OP .APPEALS.Wynehamer against The People.ported liquor; and that he, the witness, on the occasionaforesaid, seized and took into his possession the bottle ofbrandy from which the defendant sold, and the bottle ofchampagne which he had sold and was in the act of delivering.The foregoing is the substance of all the evidence.The court found the defendant guilty of selling and havingin his possession with intent to sell, intoxicating liquors, ascharged in the complaint, adjudged him guilty of a misdemeanor,and sentenced him to pay a fine of $50, and 15.87costs of the proceedings, and that he be imprisoned untilthe same were paid, not exceeding fifty-six days. Thecourt further adjudged that the liquor seized be forfeited,and that a warrant for its destruction be issued. On appealby the defendant, the judgment was reversed by the supremecourt at a general term in the second district. (See 20Barb., 16S.) The people appealed to this court.A. J. Parker, for the plaintiff in error, in the case firstentitled.A. Sawin, for the people.J. M. Van Cott, for the people, in the case secondly entitledJohn A. Lott, for the defendant.The opinion by COMSTOCK, J., and that by T. A. JOHN­SON first inserted, and by MITCHELL secondly inserted,were delivered in the case of Wynehamer, first aboveentitled. The other opinions, except that by DENIO, 0. J.,which states his conclusions as to both cases, were deliveredin the case of Toynbee.COMSTOCK, J. The defendant, Wynehammer, was indictedand convicted by a common-law jury, in the court of sessions