Legal Opinion

People v. Koch

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

Decided April 16, 1937PublishedCited by 28 opinions

1Opinion of the CourtTaylor, J.

The appellant was convicted of a misdemeanor because of an alleged violation of the Vehicle and Traffic Law, section 70, subdivision 5, in that he operated a motor vehicle upon a public highway while in an intoxicated condition. The undisputed proofs demonstrate that he was not guilty. He did not operate the motor vehicle while in an intoxicated condition within the meaning of the statute, reasonably construed. The statute contemplates voluntary intoxication. For medicinal purposes and to relieve headaches resulting from a fractured skull, the appellant took a drug known as luminol in liquid…

2Cases cited14 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. People v. . StephensNew York Court of Appeals · 1878
  3. People v. WeaverAppellate Division of the Supreme Court of the State of New York · 1919
  4. Commonwealth v. DetweilerSupreme Court of Pennsylvania · 1910
  5. People v. Broadway RailroadNew York Court of Appeals · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Kaiser v. Suburban Transportation SystemWashington Supreme Court · 1965
  2. City of Minneapolis v. AltimusSupreme Court of Minnesota · 1976
  3. Commonwealth v. WallaceMassachusetts Appeals Court · 1982
  4. People v. LittoNew York Court of Appeals · 2007
  5. People v. FairCalifornia Court of Appeal · 1967

23 more not listed; retrieve them via the Exa API.

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