Polinsky v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Court of General Sessions of the city of New York, entered upon a plea of guilty in an indictment. (Reported below, 11 Hun, 390.) The character of the indictment, and the facts, are set forth sufficiently in the opinion. When a statute creates an offense and expressly provides a punishment, its provisions must be followed out strictly and expressly. (Whart. Cr.
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Error to the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Court of General Sessions of the city of New York, entered upon a plea of guilty in an indictment. (Reported below, 11 Hun, 390.) The character of the indictment, and the facts, are set forth sufficiently in the opinion. When a statute creates an offense and expressly provides a punishment, its provisions must be followed out strictly and expressly. (Whart. Cr. Law, § 10; Colby’s Cr. Law, § 2; 1 Black. Com., 88; 1 Kent’s Com., 449, 453, 462, 465, 466, 467; 2 Bouv. L. D. [11th od.],…
1Opinion of the CourtAndrews, J.
The indictment contains three counts. The first count charges the defendant with exposing for sale in the city of New York impure and unwholesome milk, adulterated with water, against the form of the statute. The second charges that he kept and offered it for sale in violation'of the sanitary code and of the statute. The third charges him with bringing it into the city of New York for sale, in violation of an ordinance of the sanitary code, passed by the board of health of the city February 23, 1876, of which due publication is alleged, and which is set out in the count in full. The plaintiff…
2Cases cited5 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- Metropolitan Board of Health v. . HeisterNew York Court of Appeals · 1868
- Dawson v. . the PeopleNew York Court of Appeals · 1862
3Cited by52 opinions
- Blue v. BeachIndiana Supreme Court · 1900
- People v. . BuddNew York Court of Appeals · 1889
- People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
- State v. CrawfordSupreme Court of Kansas · 1919
- People Ex Rel. Knoblauch v. Warden of the Jail of the Fourth District Magistrates' CourtNew York Court of Appeals · 1915
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