People v. Zimmerman — 222 N.Y. 549

Majority

p. 549

The People of the State of New York, Respondent, v. Howard Zimmerman, Appellant.

Headnote

People v. Zimmerman, 179 App. Div. 958 , affirmed.

(Argued November 19, 1917;

decided December 4, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1917, which affirmed a judgment of the Jefferson County Court rendered upon a verdict convicting the defendant of the crime of riot. The indictment charged that defendant, with others, did wrongfully and unlawfully in the night time assemble on the property of the St. Regis Paper Company, a domestic business corporation, duly organized and incorporated under and by virtue of the laws of the state of New York and there situate; and at said time having so assembled together with other persons by the use of

p. 550

force and violence to certain employees of the said St. Regis Paper Company did wrongfully and unlawfully commit an assault upon such employees and persons and wrongfully, unlawfully and feloniously break, demolish and injure both the personal and real property of the said St. Regis Paper Company and by means of such unlawful acts did then and there disturb the public peace.

T. Arthur Hendricks and John Conboy for appellant.

Jerome B. Cooper, District Attorney, for respondent.

Judgment affirmed in accordance with the provisions of section 542 of the Code of Criminal Procedure; no opinion.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ.