Legal Opinion

People v. McDermott Dairy Co.

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

Decided December 15, 1910Published

1Opinion of the Court

The mere possession of the milk under- the circumstances of this case was not sufficient to justify a judgment of conviction. (See People v. Timmerman, 79 App. Div. 565; affd., 179 N. Y. 550.)—Judgment of the Municipal Court reversed and new trial ordered. Woodward, Jenks and Carr, JJ., concurred; Hirschberg, P. J., and Thomas, J., dissented.

2Cases cited2 opinions

  1. People v. TimmermanAppellate Division of the Supreme Court of the State of New York · 1903
  2. People v. . TimmermanNew York Court of Appeals · 1904