Legal Opinion

People ex rel. Lee v. Bixby

New York Supreme Court

Decided May 3, 1875PublishedCited by 9 opinions

CERTIORARI to review a conviction of the relators of the crime of indecent exposure.

1Opinion of the Court

By the Court, Davis, P. J.

Two questions are made in this case.

First. That the indecent exposure was not made in a “public place.”

Second. That the relators could not be jointly prosecuted and convicted. As to the first of these questions, we are of opinion that the exhibition made by the six relators, for money, to the five men present and paying therefor, made the room where it occurred a public place within the meaning of the statute, although it was a room in a house of prostitution, and not open to the general public. Any place may be made public by a temporary assemblage, (Bishop on…

2Cited by9 opinions

  1. State v. MartinSupreme Court of Iowa · 1904
  2. Excelsior Pictures Corp. v. Regents of the UniversityNew York Court of Appeals · 1957
  3. State v. SousaConnecticut Appellate Court · 1964
  4. Beal Properties, Inc. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1974
  5. Kenny v. MartinThe Superior Court of New York City · 1895

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