Reed v. People
New York Supreme Court
Writ of error to the Court of Sessions of Orleans county The plaintiff in error was indicted at the Court of Oyer and Terminer held in said county in the month of September, 1852, for disobeying an order of the. board of health of the village of Albion in said county of Orleans.
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Writ of error to the Court of Sessions of Orleans county The plaintiff in error was indicted at the Court of Oyer and Terminer held in said county in the month of September, 1852, for disobeying an order of the. board of health of the village of Albion in said county of Orleans. The indictment was sent to the Court of Sessions for trial, where the defendant was tried and convicted in the month of April, 1854, and adjudged to pay a fine of $800, and stand committed until the fine was paid* The indictment contained two counts, the first of which stated that on the 5th day of June, 1853, “ the…
1Opinion of the Court
By the Court,
Welles, J. —
The judgment of the court below must be reversed, for the following reasons:
I, The indictment is bad for duplicity; it charges the defendant vdth two distinct offences — one, a common law nuisance punishable by fine not exceeding $“250, or imprisonment *489not exceeding one year, or' both such fine and imprisonment. (2 R. S. 4 ed. 88, §§ 55, 56; 1 ed. 2 vol. 697, §§40, 41.) The other, for violating the' order of the board of health, involving punishment by fine not exceeding f 1000,- Or imprisonment not exceeding' two years, or both. (1 R. S. 4 ed. 853, § 15; Sess. L. of…
2Cited by2 opinions
- Gould v. . City of RochesterNew York Court of Appeals · 1887
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869