Opinion
November, 1921.
Judgment of conviction of the Court of Special Sessions, Municipal Term, Part II, affirmed. No opinion. Blackmar, P.J., Mills, Putnam and Manning, JJ., concur.
I dissent and vote to reverse the judgment of conviction and for a new trial upon the ground that there was no evidence of a contract by the defendant to furnish heat to the tenants. In my opinion the provision of the Sanitary Code, section 225, that the mere presence in the premises of a furnace, boiler or apparatus is evidence of such contract, is unconstitutional, unreasonable and insufficient to justify conviction of a crime.