Legal Opinion

People v. . Mitchell

New York Court of Appeals

Decided October 4, 1901PublishedCited by 21 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20, 1900, affirming a judgment rendered at a Trial Term upon a verdict convicting the defendant of the crime of grand larceny in the second degree.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20, 1900, affirming a judgment rendered at a Trial Term upon a verdict convicting the defendant of the crime of grand larceny in the second degree. The defendant was indicted by the grand jury of Erie county for “ the crime of grand larceny in the second degree committed as follows, to wit: That the said James R. Mitchell did, on the 17th day of August, in the year 1899, at the city of Buffalo, in the county of Erie, become the bailee and agent of Elmer B. Allen, and as such…

1Per curiam

We think the judgment appealed from should be affirmed for the reasons given by the learned Appellate Division in its opinion.

While it does not appear to have been of any importance in this case, it may be of great importance in some cases that the power to change the place of trial for convenience of witnesses, upon the application of the • defendant, should be conferred upon the proper court in all criminal actions where the indictment alleges that the crime was committed partly in one county and partly in another, or in any case arising under section 134 of the Code of Criminal Procedure.…

2Cited by21 opinions

  1. People v. KelleyCalifornia Supreme Court · 1967
  2. Murtagh v. LeibowitzNew York Court of Appeals · 1951
  3. People v. . Hudson Valley Construction Co.New York Court of Appeals · 1916
  4. People v. Vario, New York County Courts1938
  5. People v. LicenziataAppellate Division of the Supreme Court of the State of New York · 1921

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