People v. . Sanger
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1917, which affirmed a judgment of the Court of Special Sessions of the city of Hew York convicting the defendant of a violation of section 1142 of the Penal Law.' The facts, so far as material, are stated in the opinion. Section 1142 violates both the Federal and State Constitutions, -as to individual liberty, because of its failure of regulation.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1917, which affirmed a judgment of the Court of Special Sessions of the city of Hew York convicting the defendant of a violation of section 1142 of the Penal Law.' The facts, so far as material, are stated in the opinion. Section 1142 violates both the Federal and State Constitutions, -as to individual liberty, because of its failure of regulation. It establishes an absolute inhibition of the dissemination of information to all persons, in that it fails to make provision…
1Opinion of the Court
Crane, J.:
Section 1142 of the Penal Daw, among other things, makes it a misdemeanor for a person to' sell, or give away, or to advertise or offer for sale, -any instrument or article, drug or medicine, for the prevention of conception; or to give information orally, stating when, where or how such an instrument, article or medicine can be purchased or obtained.
The appellant was convicted in the Court of Special Sessions of the city of Flew York, borough of Brooklyn, for a violation of this section, and sentenced to- thirty days in the workhouse. She claims that the law is unconstitutional.
Some…
2Cases cited5 opinions
- Collins v. TexasSupreme Court of the United States · 1912
- People v. McBrideIllinois Supreme Court · 1908
- Isenhour v. StateIndiana Supreme Court · 1901
- County Commissioners v. State ex rel. PattonSupreme Court of Florida · 1888
- State v. HaskellSupreme Court of Vermont · 1911
3Cited by20 opinions
- Carey v. Population Services InternationalSupreme Court of the United States · 1977
- Youngs Rubber Corporation v. CI Lee & Co.Court of Appeals for the Second Circuit · 1930
- Commonwealth v. GardnerMassachusetts Supreme Judicial Court · 1938
- People v. WintersNew York Court of Appeals · 1945
- Lang's Creamery, Inc. v. City of Niagara FallsNew York Court of Appeals · 1929
15 more not listed; retrieve them via the Exa API.