73 N.Y.S. 564 | N.Y. Sup. Ct. | 1901
The relator is detained upon a charge of selling and delivering uncooked meats on Sunday in the county of "New . York, and it appears that the sale and delivery took place before the hour of ten in the forenoon. Under section 267 of the Penal Code, prior to its amendment by chapter 392 of the Laws of 1901, the sale of articles of food generally was permitted on Sunday before ten o’clock and the sale of meals, to be eaten upon the premises, was allowed at any time of the day. By the amendment of 1901 the following sentence was added: “ The provisions of this section, however, shall not be construed to allow or permit the public sale or exposing for sale or delivery of uncooked flesh foods, or meats, fresh or salt, at any hour or time of the day.” It is contended, on behalf of the relator, that this amend
Writ dismissed and relator remanded to the custody of the warden.