People v. Cipperly

Decided January 15, 1886

New York Court of Appeals · decided 1886-01-15

Appeal by the people, respondent, from a judgment of the General Term of the Supreme Court in the third department, of September, 1885, reversing a conviction of the defendant, Arthur Cipperly, of selling adulterated milk, in violation of Laws 1884, chapter 202. The facts and briefs of counsel will be found in 8 H Y. Grim. Rep. 385, The dissenting opinion of Judge Learned, adopted as its opinion by the Court of Appeals, will be found at page 401 of that volume.

Cited by 5 later decisions — most recently October 1915

5 state decisions

Relies on State v. Smyth · People v. Cipperly

Good law ✅— No negative treatment on recordhow we know

Decided 1886-01-15

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Per Curiam.

¶1Upon the argument of this case we were of the opinion that the respondent failed to show any ground upon which the judgment appealed from could be supported, but in view of the importance of. the question raised and difference in the court below concerning it, took further time for its consideration We still think the judgment wrong, and for reasons ' sufficiently stated by Judge Learned, who dissented in the General Term of the Supreme Court (3 N. Y. Crim. 385; 37 *70Hun, 324), the judgment of that court should be reversed and the judgment of the Special Sessions affirmed.

¶2All concur except Miller, J.

¶3Note.—Similar statutes were held constitutional in State v. Smyth, 14 R. I. 100; 51 Am. Rep. 344; Commonwealth v. Evans, 133 Mass. 11, and State v. Newton, 45 N. J. Law. 463.