People v. McDermott Dairy Co.

142 A.D. 908 Court N.Y. App. Div. English

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p. 908

The People of the State of New York, Respondent, v. McDermott Dairy Company, Appellant.

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.