Lowenberg v. People
New York Supreme Court
•This case comes before the court on writ of error, in the following form : ' The People of the State of New York, to the Court of General Sessions of the peace, in and for the city and county of New York, greeting: Because, in the record and proceedings, and also in the giving judgment upon a certain indictment which [l. s.] was in our said court, before you, against Moses Lowenberg, for murder, as is said, manifest error has intervened to the great damage of the said Moses…
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•This case comes before the court on writ of error, in the following form : ' The People of the State of New York, to the Court of General Sessions of the peace, in and for the city and county of New York, greeting: Because, in the record and proceedings, and also in the giving judgment upon a certain indictment which [l. s.] was in our said court, before you, against Moses Lowenberg, for murder, as is said, manifest error has intervened to the great damage of the said Moses Lowenberg, as he complains, and we being willing that the error, if any, should be corrected, and full and speedy…
1Opinion of the Court
Thompson, J.,
in the above case, says : “ By the 4th section of the act of 1830, it is provided that if, upon the examination, any package shall be found to contain any article not described in the invoice, or if such package or invoice be made up with intent to defraud the revenue, the same shall be forfeited. The disjunctive particle or being used, the forfeiture declared may attach to the want of correspondence as well as to the fraudulent intent; but in the act of 1832 the conjunctive particle and is used in the like connection, and which, in a penal statute, cannot be construed or." (Id.,…
2Cases cited3 opinions
- Crosby v. HawthornSupreme Court of Alabama · 1854
- Berry v. RipleyMassachusetts Supreme Judicial Court · 1804
- Jones v. EstisNew York Supreme Court · 1807
3Cited by1 opinion
- Gordon v. . the PeopleNew York Court of Appeals · 1865