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PEOPLE v. STOVER

12 N.Y.2d 462 (1963)

The People of the State of New York, Respondent, v. Marion A. Stover and Webster Stover, Appellants.

Court of Appeals of the State of New York.

Decided May 9, 1963.

Attorney(s) appearing for the Case

Paul B. Zuber for appellants.

Leonard Rubenfeld, District Attorney, and Anthony T. Antinozzi, Corporation Counsel, for respondent.

Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion.

FULD, J.

The defendants, Mr. and Mrs. Stover, residents of the City of Rye since 1940, live in a 2½-story 1-family dwelling, located in a pleasant and built-up residential district, on the corner of Rye Beach and Forest Avenues. A clothesline, filled with old clothes and rags, made its first appearance in the Stovers' front yard in 1956 as a form of "peaceful protest" against the high taxes imposed by the...

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