Summary
In People v. Murphy (276 N.Y. 612) the Court of Appeals had under consideration the constitutionality of a statute making the presence of a machine gun in any room or dwelling presumptive evidence of illegal possession by all occupying the place where the machine gun is found (Penal Law, § 1897, subd. 1-a).
Summary of this case from People v. RussoOpinion
Argued November 15, 1937
Decided January 4, 1938
Appeal from the Supreme Court, Appellate Division, First Department.
Harry G. Anderson and Charles Gertler for Joseph Murphy et al., appellants.
Harry G. Anderson and Charles Conway for John Ryan, appellant.
Osmond K. Fraenkel for Madeline Tully, appellant.
William Copeland Dodge, District Attorney ( Felix C. Benvenga, Abraham J. Gellinoff and Charles Pilatsky of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Dissenting: LEHMAN, J.