People v. . Zabor
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1905, which affirmed a judgment of the Court of Special Sessions of the city of New York convicting the defendant of a violation of the provisions of section 290 of the Penal Code, and also affirming orders disallowing a demurrer to the information and denying motions for a new trial arid in arrest of judgment.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1905, which affirmed a judgment of the Court of Special Sessions of the city of New York convicting the defendant of a violation of the provisions of section 290 of the Penal Code, and also affirming orders disallowing a demurrer to the information and denying motions for a new trial arid in arrest of judgment. The facts, so far as- material, are stated in the opinion. The defendant committed no crime. (Lamb v. State, 67 Md. 524; U. S. v. Sharp, Peters C. C. 118 ; Comm. v.…
1Opinion of the CourtO’Brien, J.
By section 290 of the Penal Code, subdivision 5, it is made a misdemeanor to sell, pay for or furnish any cigars, cigarettes or tobacco in any form to any child actually or apparently under the age of sixteen years. The defendant was convicted in one of the Courts of Special Sessions in the city of New York of a violation of this statute. The only written charge in the record against the defendent is contained in an affidavit of a peace officer, wherein it is alleged that the defendant, on the 21st of July, 1904, did unlawfully and willfully sell or give away one package of cigars to one…
2Cited by4 opinions
- People v. McGuireAppellate Division of the Supreme Court of the State of New York · 1906
- In re Cooley's EstateAppellate Division of the Supreme Court of the State of New York · 1906
- People v. HartsteinNew York Supreme Court · 1906
- People v. HoytNew York Court of Special Session · 1915