
    Fourth Appellate Department,
    November, 1903.
    Reported. 88 App. Div. 621.
    The People of the State of New York, Respondent, v. Peter Ward, Appellant.
    
      Alexander Otis, for appellant.
    The indictment should have been dismissed because of the absence of legal evidence before grand jury against the accused. Hearsay evidence that a town was “ dry ” was insufficient to show it to be legally a “ no-license ” town. (People v. Glenn, 173 N. Y. 395; People v. Restenblatt, 1 Abb. Pr. 268; People v. Molineux, 27 Misc. 60; People v. Clark, 8 N. Y. Crim. Rep. 169; People v. Brickner, 8 N. Y. Crim. Rep. 221; People v. Met. Traction Co. 12 N. Y. Crim. Rep. 405).
    There was no evidence on the trial to establish material allegation of the indictment, viz.: that “no-license” vote was held upon petition of ten per cent, of the electors. Every step in a statutory crime must be pleaded and proved. (Tully v. People, 67 N. Y. 15; Eckhardt v. People, 83 N. Y. 462; People v. Klock, 48 Hun, 275; People v. Loundes, 130 N. Y. 455; People v. West, 106 N. Y. 293).
    
      Howard H. Widener', Assistant District Attorney, for respondent.
    The evidence before the grand jury was a sufficient prima facie case for an indictment; the vote on the local option questions is final and conclusive. (People ex rel. Richardson v. Sackett, 17 Misc. 405; People ex rel. Fisher v. Hasbrock, 21 Misc. 188; People ex rel. Leonard v. Hamilton, 42 App. Div. 212; People ex rel. Hirsh v. Wood, 148 N. Y. 142).
    The statement of the vote, required to be filed is presumed to be correct. (42 App. Div. 216; 128 N. Y. 545; 20 Abb. N. C. 19.) It was not necessary to prove want of a license. (Jefferson v. People, 101 N. Y. 22.)
   Judgment of conviction and orders affirmed.

All concurred.  