Legal Opinion

People v. . King

New York Court of Appeals

Decided October 2, 1888PublishedCited by 83 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 9, 1886, which affirmed a judgment of the Court of Sessions of Chenango county, entered upon- a verdict convicting defendant of a misdemeanor. (Reported below, 42 Hun, 186.) The substance of the indictment and the material facts are ¡stated in the opinion. The law should not establish social relations.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 9, 1886, which affirmed a judgment of the Court of Sessions of Chenango county, entered upon- a verdict convicting defendant of a misdemeanor. (Reported below, 42 Hun, 186.) The substance of the indictment and the material facts are ¡stated in the opinion. The law should not establish social relations. The law under which defendant was indicted promotes' amalgamation, tends to the destruction of both races, and is void. The legislature is not omnipotent. (Sweet…

1Opinion of the CourtAndrews, J.

Section 383 of the Penal Code declares that “ no citizen of this state can, by reason of race, color or previous condition of servitude, be excluded from the equal enjoyment of any accommodation, facility or privilege furnished by inn-keepers or common carriers,, or by owners,, managers, or lessees of theaters or other jffaces of amusement, by teachers and officers of common schools and pubEc" institutions of learning, or by cemetery associations.” The violation of this section is made a misdemeanor, punishable by fine of not less than fifty nor more than five hundred dollars.

The defendant…

2Cases cited5 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Strauder v. West VirginiaSupreme Court of the United States · 1880
  3. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  4. People v. . WestNew York Court of Appeals · 1887
  5. Donnell v. StateMississippi Supreme Court · 1873

3Cited by83 opinions

  1. Tyson & Brother v. BantonSupreme Court of the United States · 1927
  2. Brown v. State of New YorkNew York Court of Appeals · 1996
  3. Budd v. New YorkSupreme Court of the United States · 1892
  4. James v. Marinship Corp.California Supreme Court · 1944
  5. Meffert v. State Board of Medical Registration & ExaminationSupreme Court of Kansas · 1903

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