Legal Opinion

People v. . Pierson

New York Court of Appeals

Decided October 13, 1903PublishedCited by 77 opinions

Appeal ' from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1903, which reversed a judgment of the Westchester County Court entered upon a verdict convicting the defendant of a misdemeanor and granting a new trial. The facts, so far as material, are stated in the opinion. The indictment charges a crime and the appellate court erred in reversing the judgment of conviction on this ground.

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Appeal ' from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1903, which reversed a judgment of the Westchester County Court entered upon a verdict convicting the defendant of a misdemeanor and granting a new trial. The facts, so far as material, are stated in the opinion. The indictment charges a crime and the appellate court erred in reversing the judgment of conviction on this ground. (Penal Code, § 288.) The defendant was under a duty imposed by statute to see to it that he did not cause or permit the life of his child to be…

1Opinion of the CourtHaight, J.

The indictment accused the defendant of the crime of violating section 288 of the Penal Code in that he “ did wilfully, maliciously, and unlawfully omit without lawful excuse, to perform a duty imposed upon him by law, to furnish medical attendance for his said (J. Luther Pierson’s) female minor child, under the age of two years, the said minor being then and there ill and suffering from catarrhal pneumonia, and he, the said J. Luther Pierson, then and there wilfully, maliciously, and unlawfully neglecting and refusing to allow said minor to be attended and prescribed for by a regularly…

2Cases cited3 opinions

  1. Lawton v. . SteeleNew York Court of Appeals · 1890
  2. Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
  3. Barker v. PeopleNew York Supreme Court · 1824

3Cited by77 opinions

  1. Prince v. MassachusettsSupreme Court of the United States · 1944
  2. Walker v. Superior CourtCalifornia Supreme Court · 1988
  3. State v. ShermanTennessee Supreme Court · 2008
  4. Application of the President and Directors of Georgetown College, Inc., a Body CorporateCourt of Appeals for the D.C. Circuit · 1964
  5. In Re the Welfare of HudsonWashington Supreme Court · 1942

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