State v. Carr

The opinion of the court was delivered by

Heher, J.

We perceive no error in the judgment under review.

But we do not yield assent to the view that a “constructive bailment,” defined in Gilson v. Pennsylvania Railroad Co., 86 N. J. L. 446 (a ease involving, it will be noted, only the civil rights of private parties), as one arising “where the person having the possession of a chattel holds it under such circumstances that the law imposes upon him the obligation to deliver it to another,” is within the intendment of section 184 of the Crimes act (2 Comp. Stat. 1910, p. 1799), classifying as a…