People v. Schelberg
Decision Date | 12 November 1953 |
Citation | 204 Misc. 733 |
Parties | The People of the State of New York, Plaintiff,<BR>v.<BR>Edith Schelberg, Defendant. |
Court | New York District Court |
Joseph T. McDonough for plaintiff.
Joseph J. Kozinn for defendant.
MAHONEY, M.
The defendant is charged with a violation of the Sabbath law, section 2143 of the Penal Law, in that at 9:45 A.M. on Sunday, October 4, 1953, at No. 1150 Webster Avenue, in the County of the Bronx, she did publicly permit, after being advised of the section of law covering unnecessary labor on the Sabbath, and after warning of penalty for same (sic), did wash car, license number 2U6892 New York, for which fee of $1.50 was paid, and did have six cars waiting in turn for same.
At the trial, the defendant through counsel submitted to the court a paper designated "Stipulation", setting forth eight items, with the further notation "Motion in Nature of a Demurrer." Its contents are as follows:
The defendant's right of cross-examination was not exercised.
It was agreed that the foregoing "Motion in Nature of a Demurrer" was to be considered as a common-law demurrer, to wit, that the items set forth were admitted facts, but that those facts did not constitute a violation of the Sabbath Law (Penal Law, § 2143). The case was then rested and the defendant found guilty.
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