New York Court of Appeals Case on Appeal

New York Court of Appeals Case on Appeal

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...cubic yards, which would be sufficient to make a bank thirty feet wide, nine feet high and 1,600 feet long; that in April, 1898, the condition of the street was substantially the same as in December, l897; that while there were some broken places, five cubic yards would have been sufficient to cover all the broken places; that there were not in April i898, 5,000 cubic yards in the whole embankment above the surface, including the water-main and sewer and all earth which had been filled in the entire width of the avenue, either before 1890 or in 189( and 1897; and that there was no tide wash or any considerable sinking of the filling below the natural surface of the meadow. There was evidence on the part of the defendant that the amount of material in the embankment was 13,955 cubic yards, and that with an allowance of 5,500 yards for settlement, there would be about 8,500 yards; that engineers ordinarily allow one-eight for settlement in material, without regard to subsistence of foundation, which in the present case might be between fifty and sixty per cent. The Court instructed the jury, among other things, that the prosecution was bound to prove that the claim mentioned in the indictment was false or fraudulent, and also that the defendant knew it at the time he approved the bill, and that if there was failure on either proposition the defen246 733 dant was entitled to an aquittal. The defendant's counsel contends that Section 165 of the Penal Code is "highly penal in its character and must receive a very strict construction." The learned counsel has evidently overlooked Section 11 of the Penal Code, which says: "The rule that a penal statute is to be strictly construed does not apply to this Code...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236744365
  • 9781236744364