Legal Opinion

People v. Polhamus

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 8 opinions

Appeal by the defendant, Doty Polhamns, from a judgment of the Court of Sessions of Ulster county, rendered on the 16th day of December, 1895, affirming a judgment of the Court of Special Sessions convicting him of a violation of section 31 of chapter 401 of the Laws of 1892, known as the Excise Law.

1Opinion of the Court

Merwin, J.:

It is claimed by the defendant that the information before the magistrate is insufficient in that: (1) It does not state the time and place of the alleged crime; (2) it charges the commission of more than one crime; (3) it should state the names of the persons to whom sales are alleged to have been made, or that their names are unknown; (4) it should be upon oath or affirmation, or it should state that it was based upon the sworn statements of persons therein *135named. These objections are substantially the same as those taken at the trial.

The information is in form of an affidavit,…

2Cases cited7 opinions

  1. Polinsky v. . PeopleNew York Court of Appeals · 1878
  2. People v. AdamsNew York Supreme Court · 1837
  3. People v. OlmstedNew York Supreme Court · 1893
  4. People v. . KrankNew York Court of Appeals · 1888
  5. Burns v. PeopleNew York Supreme Court · 1848

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. WillisAppellate Division of the Supreme Court of the State of New York · 1898
  2. People v. ShaverAppellate Division of the Supreme Court of the State of New York · 1899
  3. People v. FrooksAppellate Division of the Supreme Court of the State of New York · 1920
  4. People v. GoldsteinNew York City Court of Special Sessions · 1948
  5. People v. McCallAppellate Division of the Supreme Court of the State of New York · 1962

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API