People v. . Lochner
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 8, 1902, which affirmed a judgment of the Oneida County Court convicting of a misdemeanor. The facts, so far as material, are stated in the opinion. The demurrer should have been sustained upon the first and second grounds, that more than one crime is charged in a single count. (Code Crim.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 8, 1902, which affirmed a judgment of the Oneida County Court convicting of a misdemeanor. The facts, so far as material, are stated in the opinion. The demurrer should have been sustained upon the first and second grounds, that more than one crime is charged in a single count. (Code Crim. Pro. §§ 278, 279; Penal Code, § 3841; People v. McCarthy, 110 N. Y. 314; People v. Upton, 38 Hun, 107; People v. Tower, 135 N. Y. 459; People v. Cole, 2 N. Y. Cr. Rep. 110; People v.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Defendant's conviction is under subdivision 3, section 384l, Penal Code, which makes a violation of article VIII, chapter 415, Laws 1897, a misdemeanor. The judgment is affirmed by the Appellate Division.
Defendant urges as ground for a reversal that article VIII — which on its face purports to be, as we shall see later, an exercise of the police power of the state — offends against the first section of the 14th amendment to the United States Constitution. That…
2Cases cited33 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Barbier v. ConnollySupreme Court of the United States · 1884
- Holden v. HardySupreme Court of the United States · 1898
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
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3Cited by26 opinions
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Matter of ViemeisterNew York Court of Appeals · 1904
- People v. . RingeNew York Court of Appeals · 1910
- Gorham v. RobinsonSupreme Court of Rhode Island · 1936
- State ex rel. Richey v. SmithWashington Supreme Court · 1906
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