Legal Opinion

State v. Checkver

New York Court of General Session of the Peace

Decided September 28, 1915No. 71PublishedCited by 1 opinion

Morris Checkver was indicted for violation of the above-mentioned statute, that is, for failing to enter in a book provided by the police department of the City of Wilmington, any description of the kind or quantity of certain pieces of brass purchased from one M., on April 27, 1915, and for failing to enter in said book any description of the person from whom the brass was purchased, as required by the statute.

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Morris Checkver was indicted for violation of the above-mentioned statute, that is, for failing to enter in a book provided by the police department of the City of Wilmington, any description of the kind or quantity of certain pieces of brass purchased from one M., on April 27, 1915, and for failing to enter in said book any description of the person from whom the brass was purchased, as required by the statute. At the trial it was shown that the book which the accused had,- although of the kind which the police department furnishes to junk dealers for the purpose of keeping a record of their…

1Opinion of the Court

Heisel, J.:

[1] We think that if the defendant had made the entry in this book of the purchase of the brass as required by the statute, that he could not be convicted under the circumstances for not complying with this law; that if he had such a book as is furnished by the police department, whether furnished directly to him by the police department or indirectly to him through somebody else, it is the kind of book that is furnished by the police department, and comes into his possession and he is using it for the purpose designated in the statute, he would be complying with the law. Therefore…

2Cited by1 opinion

  1. State v. PomeroyUtah Supreme Court · 1934

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