People v. . Mead
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1908, which reversed a judgment of the Ontario County Court sustaining a demurrer to and dismissing an indictment and overruled such demurrer. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1908, which reversed a judgment of the Ontario County Court sustaining a demurrer to and dismissing an indictment and overruled such demurrer. The facts, so far as material, are stated in the opinion. An indictment charging larceny from a corporation under section 528 of subdivision 2 of the Penal Code is fatally defective unless it avers its corporate existence. (Penal Code, § 528; Cohen v. People, 5 Park. Cr. 330; McCarney v. People, 83 N. Y. 408.) The organization and…
1Opinion of the Court
Cullen, Ch. J.
The defendant was indicted for grand larceny, first degree, for having feloniously appropriated to his own use the sum of $738.67, the property of “ The People’s Mutual Life Insurance Association and League.” The indictment was framed under the second subdivision of section 528 of the Penal Code, which makes embezzlement by the agent, clerk or officer “ of any person,' association or corporation ” larceny. The only attack made on the indictment is that it fails to charge that the league was an association or corporation. For this alleged defect the demurrer was sustained by the…
2Cases cited6 opinions
- People v. HenryCalifornia Supreme Court · 1888
- People v. SchwartzCalifornia Supreme Court · 1867
- McCarney v. . People of the State of N.Y.New York Court of Appeals · 1881
- People v. . GilbertNew York Court of Appeals · 1910
- Noakes v. . the PeopleNew York Court of Appeals · 1862
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3Cited by5 opinions
- Martin v. StateCourt of Criminal Appeals of Oklahoma · 1950
- People v. CumminsAppellate Division of the Supreme Court of the State of New York · 1912
- State v. HumeSupreme Judicial Court of Maine · 1950
- Brafford v. United StatesCourt of Appeals for the Sixth Circuit · 1919
- Wood v. StateNevada Supreme Court · 1960