People v. . Bradner
New York Court of Appeals
Appeal from judgment of the General Term of tlie Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment of the Court of Oyer and Terminer of the county of Livingston, entered upon a verdict convicting the defendant of the crime of grand ■larceny, and which denied a motion for a new trial. {Mem. bf decision below, 44 Hun, 233.) The material facts are stated in the opinion.
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Appeal from judgment of the General Term of tlie Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment of the Court of Oyer and Terminer of the county of Livingston, entered upon a verdict convicting the defendant of the crime of grand ■larceny, and which denied a motion for a new trial. {Mem. bf decision below, 44 Hun, 233.) The material facts are stated in the opinion. The defendant having heen arraigned and never having pleaded to the indictment, the whole trial is a nullity. (Code of Crim. Pro., §§ 296, 297, 298, 299, 308,…
1Opinion of the CourtAndrews, J.
The defendant was indicted at the Oyer and Terminer, in the county of Livingston, for grand larceny, in obtaining from one Barbara Leiter the sum of $1,500 by means of a cheek for that amount, which he induced her to sign under the false pretense that it was a cheek for the sum of $100. (Penal Code, 528.) The indictment was found Hay 4, 1885, and the trial thereon was had in the Court of Sessions of Livingston county, commencing April 28, 1886, and resulted in the conviction of the defendant, who was thereupon sentenced by the court to imprisonment in the State prison for the term of five…
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