Legal Opinion

People v. James

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

Decided July 1, 1896PublishedCited by 19 opinions

Appeal by the defendant, Minnie James, from a judgment of the County Court of the county of Monroe in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 25tli day of May, 1896, affirming a judgment of conviction rendered by a police justice of the city of Rochester on the charge of keeping a disorderly house.

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Appeal by the defendant, Minnie James, from a judgment of the County Court of the county of Monroe in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 25tli day of May, 1896, affirming a judgment of conviction rendered by a police justice of the city of Rochester on the charge of keeping a disorderly house. The defendant was arrested March 10, 1896, in a room in a block on South St. Paul street by a police officer, without a warrant, and taken before the police justice; and on the twelfth of March a hearing was had, the defendant appearing by counsel.…

1Opinion of the Court

Hardin, P. J.:

Section 322 of the Penal Code provides that a person who keeps a house of ill-fame or disorderly house is guilty of a misdemeanor; *610and the section expressly provides that the section “ shall be construed to apply to any part or parts of a house used for any of the purposes herein specified.”

When the police officer entered the premises occupied by the defendant he had no warrant, and the defendant was taken to the Police Court, and no formal information was made and no warrant was issued by the police justice. The return of the police justice states “ that, in pursuance of said…

2Cited by19 opinions

  1. City of Dothan v. HollowaySupreme Court of Alabama · 1986
  2. People v. ScottNew York Court of Appeals · 1957
  3. People ex rel. Farley v. CraneAppellate Division of the Supreme Court of the State of New York · 1904
  4. People v. Park, New York County Courts1915
  5. People v. Burns, New York County Courts1897

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