People v. . Tylkoff
New York Court of Appeals
Appeal from on order of the Appellate Division of the Supreme Court in the third judicial department, entered January 29, 1914, which affirmed a judgment of the Essex County Court rendered upon a verdict convicting the defendant of a violation of section 43 of the Penal Law. The facts, so far as material, are stated in the opinions.
1Concurrence
While I concur in the decision that the judgment must be reversed because of error in the charge of the trial judge, I desire to dissent from the conclusion that the indictment does not charge an offense.
Section 43 of the Penal Law enacts that "A person who wilfully and wrongfully commits any act * * * which openly outrages public decency, for which no other punishment is expressly prescribed by this chapter, is guilty of a misdemeanor."
The defendant was accused under this provision by an indictment charging that "at a public place, to wit: At Heath's Hall at Mineville * * * at a public…
2Cases cited3 opinions
- People v. . WestNew York Court of Appeals · 1887
- People v. . MullerNew York Court of Appeals · 1884
- People v. . WilliamsNew York Court of Appeals · 1896