People v. Eckerson
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, J. Esler Eckerson, from a judgment of the Supreme Court in favor of. tbe plaintiff, rendered on the-27th day of December, 1907, upon the verdict of" á jury, rendered after a trial at the Dutchess County Trial Term, convicting the defendant of the crime of creating a public nuisance.'
1Opinion of the Court
Burr, J.:
The defendant was convicted of committing or maintaining a public nuisance in the village of Haverstraw in the county of Bock-land. To sustain the judgment it must be established beyond a reasonable doubt, first, that an act has been unlawfully done or the performance of a duty omitted which is criminal in its nature; second, that the defendant committed such act or omitted to perform such duty, and, third, that such act or omission was with criminal intent on the part of the said defendant. The counts of the indictment upon which the district attorney elected to stand charged that…
2Cases cited7 opinions
- People v. . MillsNew York Court of Appeals · 1904
- People v. . PalmerNew York Court of Appeals · 1888
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Village of Haverstraw v. . EckersonNew York Court of Appeals · 1908
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1902
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3Cited by4 opinions
- People v. Dominick, New York County Courts1971
- People v. High Ground Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1915
- People v. DaguiarCriminal Court of the City of New York · 1994
- People v. HessNew York Court of General Session of the Peace · 1920