Mullins v. . the People
New York Court of Appeals
Appeal from the Supreme Court. Mullins, a junk-dealer in the city of New York, was proceeded against, before a magistrate of that city, under a complaint that he had in his possession, secreted, a number of bottles which were stamped with the name of one Knebel, the complainant, who was engaged in the manufacture,' bottling and vending of soda-water, ale, cider, &c., and that such bottles were “being sold, disposed of, bought and trafficked in by said Mullins.”
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Appeal from the Supreme Court. Mullins, a junk-dealer in the city of New York, was proceeded against, before a magistrate of that city, under a complaint that he had in his possession, secreted, a number of bottles which were stamped with the name of one Knebel, the complainant, who was engaged in the manufacture,' bottling and vending of soda-water, ale, cider, &c., and that such bottles were “being sold, disposed of, bought and trafficked in by said Mullins.” A search-warrant was issued, and the officer charged with its execution naving found one bottle stamped with Knebel’s mark on…
1Opinion of the Court
Seldeet, Oh. J.
It must be conceded that the statute under which the respondent was convicted before the justice is peculiar in its provisions, and bears palpable evidence upon its face of having been framed without that care and caution which should attend the enactment of a penal law. The respondent insists that the act is unconstitutional. This, however, depends, in a great degree, upon the construction which is given to it The first section, which simply authorizes all persons engaged in the manufacture and sale of mineral waters, &c., in bottles with names or marks thereon, to record and…
2Cases cited1 opinion
- People ex rel. Seward v. Judges of DutchessNew York Supreme Court · 1840
3Cited by14 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- People v. . GilesNew York Court of Appeals · 1897
- People v. . the Assessors of AlbanyNew York Court of Appeals · 1869
- Minnesota Central Railway Co. v. McNamaraSupreme Court of Minnesota · 1868
- State ex rel. Fall v. County CommissionersNevada Supreme Court · 1870
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