People Ex Rel. Weaver v. . Van De Carr
New York Court of Appeals
Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, made June 6, 1896, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to the custody of the respondent. The whole series of acts commonly called the racing laws are mere evasions of the letter and spirit of the constitutional prohibitions, and, therefore, void. (Const, of N. Y. art. 1, § 9 ; In re Sweeley, 12 Misc.
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Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, made June 6, 1896, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to the custody of the respondent. The whole series of acts commonly called the racing laws are mere evasions of the letter and spirit of the constitutional prohibitions, and, therefore, void. (Const, of N. Y. art. 1, § 9 ; In re Sweeley, 12 Misc. Rep. 174; 146 N. Y. 401; In re Keymar, 148 N. Y. 219; People ex rel. v. Draper, 15 N. Y. 532; People ex rel. v. Albertson, 55 N. Y.…
1Opinion of the Court
Martin,. J.
The relator was brought into the Hew York Court of General Sessions by a bench warrant issued upon an indictment for pool-selling, in violation of' section 351 of the Penal Code, and committed to the custody of the respondent. The writ was issued to test the constitutionality of that section, and was based upon the theory that it was invalid.
The appellant claims that that section of the Penal Code is unconstitutional upon the grounds:
1. That it is in contravention of section 9 of article 1 of the Constitution of the state, which declares: “ Hor shall any lottery, or the sale of…
2Cases cited5 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Curtin v. . BartonNew York Court of Appeals · 1893
- Bonnell v. . GriswoldNew York Court of Appeals · 1882
3Cited by7 opinions
- People v. . StedekerNew York Court of Appeals · 1903
- Acker v. . AckerNew York Court of Appeals · 1880
- People v. LevoyAppellate Division of the Supreme Court of the State of New York · 1902
- People v. ShannonAppellate Division of the Supreme Court of the State of New York · 1903
- Jennifer White v. Andrew CuomoNew York Court of Appeals · 2022
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