People v. . Harris
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 26, 1889, which affirmed a judgment of the Otsego County Oyer and Terminer convicting defendant of a misdemeanor. The facts, so far as material, are stated in the opinion. The Court of Sessions erred in overruling and disallowing the demurrer to the indictment. (Code Crim.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 26, 1889, which affirmed a judgment of the Otsego County Oyer and Terminer convicting defendant of a misdemeanor. The facts, so far as material, are stated in the opinion. The Court of Sessions erred in overruling and disallowing the demurrer to the indictment. (Code Crim. Pro. § 278; People v. Harmon, 18 N. Y. S. R. 820; People v. O’Donnell, 46 Hun, 358; People v. Upton, 38 id. 107; 15 N. Y. S. R. 141; 4 N. Y. Cr. R. 455; Whart. Cr. Pr. [8th ed.] §§ 125, 290 ;…
1Opinion of the Court
Ruger, Ch. J.
The defendant was indicted under section 3, chapter 202, Laws of 1884, at a Court of Oyer and Terminer, in Otsego county, of the crime of carrying and selling to a cheese factory at Garrattsville, in said county, on the 3d and 4th days of August, 1884, a quantity of milk diluted with water, for the purpose of having it manufactured into butter and cheese. He was subsequently tried at a Court of Oyer and Terminer, and convicted of the offense charged in the indictment. The judgment entered upon the conviction was thereafter affirmed by the General Term, and from that judgment the…
2Cases cited1 opinion
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
3Cited by10 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- People v. . DwyerNew York Court of Appeals · 1915
- Austin v. . VroomanNew York Court of Appeals · 1891
- People ex rel. Folk v. McNultyAppellate Division of the Supreme Court of the State of New York · 1939
- People v. KischelNew York Court of Appeals · 1937
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