Legal Opinion

People ex rel. Sheldon v. Curtin

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

Decided July 9, 1912Published

Appeal from Orleans County Court. Habeas corpus by the People of the State of New York, on the relation of Fay Sheldon, as next friend of Euth 'Sheldon, against 'Alice Curtin, as superintendent of the Western House of Eefuge for Women. From an order dismissing the writ, relator appeals. Argued before McLennan, P. J., and Seeing, Kruse, Bob-son and Foote, J J.

1Dissent

Spring, J. (dissenting) :

Adultery was first made a crime in this State by chapter 583 of the Laws of 1907; and the provisions of that act are incorporated in the Penal Law (sections 100-103). ¡Section 100 defines the crime. Section 101 provides that a “ person who commits adultery is guilty of a misdemeanor,” and section 102 fixes the punishment as follows:

“ A person convicted of a violation of this article is punishable by imprisonment in a penitentiary or county jail, for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both.”

The prisoner was…

Also in this document: Concurrence.

2Cases cited87 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. Pollock v. . PollockNew York Court of Appeals · 1877
  3. People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
  4. State v. BriggsSupreme Court of Iowa · 1886
  5. Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873

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