In People v. Cipperly, 37 Hun 324, a similar statute of New York was pronounced unconstitutional upon the ground that it deprived the defendant of his liberty and property without due process of law, in that it deprived him of the right upon trial to have the issue determined according to the evidence of the fact, and compelled him to submit to the statutory declaration of the fact without having the truth ascertained.Summary of this case from State v. Campbell
Argued December 21, 1885
Decided January 19, 1886
D. Cady Herrick for appellant.
Eugene Burlingame for respondent.
Per Curiam mem. for reversal of judgment of General Term and for affirmance of judgment of Special Sessions.