People v. Schulz

New York Court of Appeals November 16, 1944

People v. Schulz, 59 N.E.2d 175 (N.Y. 1944)

293 N.Y. 805; 1944 N.Y. LEXIS 2232

Conway

Opinion of the Court

Order of Appellate Division reversed and judgment of Court of Special Sessions affirmed; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, DESMOND and THACHER, JJ.

RIPPEY and CONWAY, JJ., dissent upon the ground that there is no prohibition, in the Alcoholic Beverage Control Law, of the act charged against the defendant and that such prohibition may not be implied. (People v. Wallace Company, 282 N.Y. 417, 419;People v. Nelson, 153 N.Y. 90, 94; People v. Weinstock,193 N.Y. 481, 485.)

Opinion of the Court

Order of Appellate Division reversed and judgment of Court of Special Sessions affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Lewis, Desmond and Thaoheb, JJ.

Dissenting Opinion

Rippey and Conway, JJ.,

dissent upon the ground that there is no prohibition, in the Alcoholic Beverage Control Law, of the act charged against the defendant and that such prohibition may not he implied. (People v. Wallace & Company, 282 N. Y. 417, 419; People v. Nelson, 153 N. Y. 90, 94; People v. Weinstock 193 N. Y. 481, 485.)

Reference

Full Case Name: The People of the State of New York, Appellant, v. Christel Schulz, Respondent
Status: Published