Legal Opinion · Dissent
People v. Murphy
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1942PublishedCited by 4 opinions
1DissentDowling, J.
The respondent was convicted of public intoxication in the city of Boehester and was sentenced to a term of ninety days in Monroe County Penitentiary. While lawfully confined there, he escaped. He was apprehended and indicted for a misdemeanor for violating section 1694 of the Penal Law. On his motion, the indictment was dismissed as not stating an indictable offense, the court holding that public intoxication was no longer a misdemeanor.
Public intoxication constituted disorderly conduct under section 40 of chapter 112 of the Laws of 1896 [former Liquor Tax Law], as amended by section 28 of…
2Cases cited6 opinions
- People v. GroganNew York Court of Appeals · 1932
- People Ex Rel. Allen v. . HaganNew York Court of Appeals · 1902
- Cooley v. WilderAppellate Division of the Supreme Court of the State of New York · 1932
- People Ex Rel. Burke v. . FoxNew York Court of Appeals · 1912
- People ex rel. Haines v. HuntAppellate Division of the Supreme Court of the State of New York · 1930
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3Cited by4 opinions
- McQuage v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954
- People v. Bevilacqua, New York County Courts1958
- State v. FergusonOhio Court of Appeals · 1955
- People v. ChesleyAppellate Division of the Supreme Court of the State of New York · 1953