Legal Opinion

People v. Cohen

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1904PublishedCited by 3 opinions

Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of November, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

McLaughlin, J. :

This action was commenced on.the 28th of November, 1902, to recover certain statutory penalties alleged to have been incurred by the defendant by his having in his possession, between the 14th day of September and the 1st day of October, 1902, thirty six wild birds commonly called snowbuntings, in violation of section 33 of the Forest, Fish and Game Law (Laws of 1900, chap. 20, as amd. by *90Laws of 1900, chap. 741; Laws of 1901, chap. 91; Laws of 1902, chaps; 359 and 517).

The specific allegation of the complaint upon which the right to such recovery was predicated was that the…

2Cases cited3 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. Fritz v. . City Trust Company of New YorkNew York Court of Appeals · 1903
  3. People v. BootmanNew York Supreme Court · 1903

3Cited by3 opinions

  1. People ex rel. Doscher v. SissonNew York Supreme Court · 1917
  2. People v. FargoNew York Supreme Court · 1909
  3. People v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1904

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