People v. Martin

Appellate Division of the Supreme Court of New York

People v. Martin

234 A.D. 790

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1931

StatusPublished

This text of 234 A.D. 790 (People v. Martin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Martin, 234 A.D. 790 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment of conviction of the County Court of Richmond county reversed upon the law, indictment dismissed, defendant discharged and direction for payment canceled. In our opinion, there was no evidence to justify a finding by the jury that the defendant’s failure to support his minor children was willful, but, on the contrary, the undisputed testimony is that during the period covered by the indictment the defendant was out of work and could not obtain employment and had no income. Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ., concur.

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Judgment of conviction of the County Court of Richmond county reversed upon the law, indictment dismissed, defendant discharged and direction for payment canceled. In our opinion, there was no evidence to justify a finding by the jury that the defendant’s failure to support his minor children was willful, but, on the contrary, the undisputed testimony is that during the period covered by the indictment the defendant was out of work and could not obtain employment and had no income. Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

234 A.D. 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martin-nyappdiv-1931.