People v. Santagata
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Santagata, from - a judgment of the Court of General Sessions of the Peace in and for the county of New York in favor of the plaintiff, rendered on the 18th day of May, 1908, convicting the defendant of the crime of unlawfully selling cocaine in violation of section 405a of the Penal Code, and also from an order denying the defendant’s motions for a new trial and in arrest of judgment.
1Opinion of the Court
Clarke, J.:
Section 405a of the Penal Code (added by Laws of 1907, chap. 424) provides that it shall be unlawful for any person to sell, furnish or dispose of alkaloid Cocaine or its salts, except Upon the written prescription of a duly registered physician. A violation of the provisions of said section is made a felony punishable by imprisonment of not more than one year or a fine of not more than $1,000 or both. This law took effect'September 1, 1907.
The defendant was indicted for a sale of cocaine on the 21st of March, 1908, to one Haywood, found guilty by the jury, and from the judgment…
2Cases cited2 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. SpierAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- People v. DialCalifornia Court of Appeal · 1915
- People v. LitleCalifornia Court of Appeal · 1927
- People v. LevyNew York Court of General Session of the Peace · 1912