People v. Monarch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Monarch, from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, County of Kings, entered in the office of the clerk of said court on the 2d day of January, 1920, convicting the defendant of the crime of assault in the third degree, and also from an order denying defendant’s motion in arrest of judgment.
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Appeal by the defendant, Frank Monarch, from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, County of Kings, entered in the office of the clerk of said court on the 2d day of January, 1920, convicting the defendant of the crime of assault in the third degree, and also from an order denying defendant’s motion in arrest of judgment. The defendant, an employee of the Brooklyn City Railroad Company, was tried and found guilty by the Court of Special Sessions upon an information charging him with the crime of assault in the third degree, committed in…
1Opinion of the Court
Blackmar, J.:
Whether an assault was committed depends on the question whether the railroad company had the right to collect the additional five-cent fare. If it had, an assault was not committed. (Penal Law, § 246; Railroad Law, § 61.) On the facts proved the conviction was not erroneous; but capital error was committed in refusing to receive evidence offered to show that the railroad company had a right under its franchise to charge the fare for. the refusal to pay which the complainant was expelled from the car.. The relevancy of such evidence is established by the decision of the Appellate…
2Cases cited4 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- McCarthy v. . MarshNew York Court of Appeals · 1851
- City of Niagara Falls v. Public Service CommissionNew York Court of Appeals · 1920
- People ex rel. Brooklyn City Railroad v. NixonAppellate Division of the Supreme Court of the State of New York · 1920