People v. . Pizza

New York Court of Appeals

People v. . Pizza

144 N.E. 917, 238 N.Y. 622, 1924 N.Y. LEXIS 804

DecidedJuly 5, 1924

StatusPublished

This text of 144 N.E. 917 (People v. . Pizza) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. . Pizza, 144 N.E. 917, 238 N.Y. 622, 1924 N.Y. LEXIS 804 (N.Y. 1924).

Pincite

Opinion

Per Curiam.

The unanimous affirmance of this judgment by the Appellate Division forecloses consideration by this court of the adequacy of the evidence to establish the defendants’ guilt (Constitution, art. VI, § 9).

We appreciate the danger that the jury, moved by the death of a police officer in the line of his duty, may have failed to discriminate sufficiently between the illegal maintenance of a distillery and such culpable negligence in the method of maintaining it as would constitute the crime of manslaughter.

If injustice has been done, the defendants’ remedy is an application to the Governor for the exercise of clemency.

The judgment must be affirmed.

All concur.

Judgment affirmed.

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