¶1We think, in this case, that the undisputed facts do not authorize the conviction of the defendant for the offense charged in the indictment. It is evident that no prize-fight was intended by the parties to it; that it was a scheme intended to advertise one of the principals, that she might demand a better salary in her profession. We are also of the opinion that the defendant is not connected with the offense with such certainty as is required in criminal actions, to effect a conviction. The judgment should be reversed.
7 N.Y.S. 504
People v. Floss
Decided November 19, 1889
Superior Court of Buffalo · decided 1889-11-19
John Floss and others were indicted under Pen. Code H. Y. § 458, which prohibits any person from engaging in, instigating, or furthering a contention or fight between two or more persons, or a fight commonly known as a ring or prize fight. Defendant was charged with instigating and encouraging a fight between two women, Libbie Spann, alias Hattie Leslie, and Barbara Dillon, alias Alice Leary, and the affair, though arranged in New York, occurred in Canada.
Decided 1889-11-19