People v. Roach

This is an appeal from a judgment of the city magistrate’s court, convicting of crime (and punishing therefor) both the defendants; for playing ball in a vacant lot at Riverdale avenue and Two Hundred and Thirty-third street, Bronx, on Sunday, June 21, 1908.

The question whether or not ball playing on Sunday is a crime has been frequently before the courts, and “ of one accord,” the courts have held it no crime per se, though attending circumstances may make it a crime.

I have tried to examine all the authorities bearing upon the subject and believe that I have done so. I have certainly…