Law Commons^™

Criminal Law - Due Process - Public Policy As Valid Grounds For Denying Recovery Of Proceeds Of Illegal Act, John Morrow S.Ed.

Michigan Law Review

Plaintiff collected a $10 fee from a number of persons for the privilege of attending a farm outing and photographing female models, some of whom posed in the nude. The sheriff arrested all concerned. Plaintiff pleaded guilty to a charge of outraging public decency and was fined $50. The others were found guilty of disorderly conduct. Plaintiff brought a trover action against the sheriff who had kept the money ($149) which the plaintiff had collected, but the trial court dismissed the action. On appeal to the New York Court of Appeals, held, affirmed, one judge dissenting. Plaintiff could not …