People v. . Swersky
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1915, which affirmed a judgment rendered at a Trial Term for the county of New York upon a verdict convicting the defendants of the crime of poisoning a horse in violation of section 190 of the Penal Law. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1915, which affirmed a judgment rendered at a Trial Term for the county of New York upon a verdict convicting the defendants of the crime of poisoning a horse in violation of section 190 of the Penal Law. The facts, so far as material, are stated in the opinion. The court erred in refusing to charge as a matter of law that Joseph Erlichman was an accomplice, or to submit to the jury as a question of fact whether Joseph Erlichman and John Levinson were accomplices. (People v.…
1Opinion of the Court
Cardozo, J.:
The defendants, Swersky and Kalhofer, have been convicted of the crime of poisoning a horse (Penal Law, § 190). Their business in 1910 was that of dealers in ice cream. For that purpose they had formed a corporation, which was under their control. They and many other dealers were members of the New York and Brooklyn Ice Cream Manufacturers’ Association. Kalhofer was the president. A written agreement between the members regulated the transaction of business in the city of New York. Each member had a prescribed route; each a stated list of customers; each was prohibited from…
2Cases cited9 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- People v. . KatzNew York Court of Appeals · 1913
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- People v. . BeckerNew York Court of Appeals · 1915
- People v. . GiroNew York Court of Appeals · 1910
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3Cited by40 opinions
- People v. . CohenNew York Court of Appeals · 1918
- People v. LucianoNew York Court of Appeals · 1938
- People v. BeaudetNew York Court of Appeals · 1973
- People v. ClougherNew York Court of Appeals · 1927
- People v. WagnerNew York Court of Appeals · 1927
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