People v. Smith

95 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1905-11-22 English

Contents

Majority

p. 1151

PEOPLE, Respondent, v. SMITH, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 22, 1905.)

Headnote

Proceeding by the people of the state of New York against John Smith.

No opinion. Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the evidence presented questions of fact as to the ownership and sale of the milk by the defend

p. 1152

ant, which should have been submitted to the jury. _