Legal Opinion

Wilson v. . the People

New York Court of Appeals

Decided September 5, 1868PublishedCited by 11 opinions

The plaintiff in error was tried at the April Term of the Court of General Sessions, 1868, upon an indictment for larceny from the person, or for what is more familiarly known as picking pockets.

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The plaintiff in error was tried at the April Term of the Court of General Sessions, 1868, upon an indictment for larceny from the person, or for what is more familiarly known as picking pockets. The evidence, as developed on the trial, showed that Andrew Hafner, residing at No. 341 Seventh avenue, in the city of New York, upon the afternoon of the 20th February, 1868, while walking in the Bowery about two o’clock, met John Wilson, a person whom he had known for a year or two. At the time of meeting Wilson, Hafner had on his person a gold watch, worth eighty dollars, and twenty-five dollars…

1Opinion of the CourtMason, J.

The prisoner, the plaintiff in error, was tried in the Court of General Sessions of the city of New York, upon an indictment for larceny, in stealing from the person of another, and sentenced to imprisonment in the State’s prison for the term of five years.

The error complained of is to the charge of the recorder to the jury. In his charge, he said, “ as matter of law, I charge, you, it is not necessary, in order to find a verdict of guilty, that the felonious intent existed at the time of taking the watch and money, but it will be sufficient if such intent existed at the tinie the prisoner…

2Cases cited2 opinions

  1. People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. People v. AndersonNew York Supreme Court · 1817

3Cited by11 opinions

  1. Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
  2. State v. CliffordNevada Supreme Court · 1879
  3. People v. MillerUtah Supreme Court · 1886
  4. People v. ArnsteinNew York Court of General Session of the Peace · 1912
  5. State v. DeanSupreme Court of Iowa · 1878

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