People v. Zabor

It is charged that the defendant on the 2ist day of July, .1904, at premises No. 1926 Third avenue, in the county of New York, “did unlawfully and willfully sell or give away one package of cigars known as ‘Jack Rose Little Cigars’ to one Edward Gluck, a male • child actually and apparently under the age of sixteen years, to wit, of the age of eleven years, in violation of section 290-of the Penal Code of the-State of New York.”

The defendant interposes a demurrer because of the dis*501junctive averments quoted, alleging that he is charged with no specific offense, and that he is not called upon…