Legal Opinion

People v. McCue

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the defendant, Jeremiah A. McCue, from a judgment of the County Court of Westchester county, entered on the 3d day of October, 1902, convicting the defendant of the crime of poolselling.

1Opinion of the Court

Hirschberg, J.:

The indictment charged the defendant with selling pools upon horse races on the 21st day of December, 1901, in violation of section 351 of the Penal Code. The crime was alleged to have been committed at Yonkers, H. Y., and the races to have been run at blew Orleans, La., and at Oakland, Cal. The offense was charged substantially in the form which was under consideration by this court in People v. Corbalis (86 App. Div. 531), and which was held therein to be sufficient.

The learned counsel for the appellant contends that there was no proof of poolselling, because there was no…

2Cases cited4 opinions

  1. Reilly v. GrayNew York Supreme Court · 1894
  2. People v. CorbalisAppellate Division of the Supreme Court of the State of New York · 1903
  3. People v. KernsAppellate Division of the Supreme Court of the State of New York · 1896
  4. People v. FinucanAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. People v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1958
  2. People v. Wright, New York County Courts1917

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