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New York Criminal Reports; Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes

New York Criminal Reports; Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... them in order that the description of the crime may in all respects correspond with the statute," and much more to the same effect. There is much learned discussion and dissertations in the books with reference to whether the saving clause in the statute is to be regarded as an exception or a proviso. If the former, apparently it must be stated in the indictment, that is, negatived. If the latter, it is held to be only a matter of defense. As applied to this particular case, the charge is that a crime was not stated in the information, warrant, etc., by charging that the defendant hunted rabbits with a ferret, because it did not say that he did not own the property, did not have a permit in writing from the owner thereof, and that the act did not occur in a county which the conservation commissioners Jiave not excepted from the operation of the law. A reading of the cases cited tends to confuse rather than enlighten, but it seems to me that the addition of the words referred to was unnecessary. I think they were legitimately a matter of defense which did not need to be negatived in the information and warrant. I think the situation is analogous to a charge in an indictment that a defendant had "violated the Liquor Tax Law by selling on Sunday," in which case it has been held repeatedly that it is not necessary to negative or anticipate a defense by an allegation that defendant was not a pharmacist or hotel keeper. People v. Crotty, 22 App. Div. 77; People v. Clark, 61 id. 500; People v. Haren, 35 Misc. Rep. 593; People v. Barasi, 14>4 App. Div. 466. The sentence in this case was a fine of eighty-five dollars, defendant to stand committed until paid, not exceeding eightyfive days, and it is claimed that this sentence was illegal....


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Product Details
  • ISBN-13: 9781230234847
  • Publisher: Theclassics.Us
  • Publisher Imprint: Theclassics.Us
  • Height: 246 mm
  • No of Pages: 178
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1230234845
  • Publisher Date: 12 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr


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