Palmer v. People
New York Supreme Court
Certiorari to court of special sessions. Isaac Palmer was charged before a justice of the peace of Steuben county with having feloniously stolen 5 bunches of shingles, the property of one R. O. Jennings. He was tried before a court of special sessions, convicted and sentenced to pay a fine of $6 and to be imprisoned 30 days.
Read the full summary
Certiorari to court of special sessions. Isaac Palmer was charged before a justice of the peace of Steuben county with having feloniously stolen 5 bunches of shingles, the property of one R. O. Jennings. He was tried before a court of special sessions, convicted and sentenced to pay a fine of $6 and to be imprisoned 30 days. The shingles were levied upon by Jennings as being the property of Palmer, by virtue of an execution which Jennings held as a constable, were left at the place where the levy was made, and Palmer was informed of the levy. Palmer subsequently sold the shingles, charged the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There is no doubt a man may be guilty of larceny in stealing his own property, when done with intent to charge another person with the value of it. 2 East’s Cr. L. 558, § 7. 1 Hawkins, ch. 33, § 30. The constable, by levying on the shingles, had acquired a special property in them, 7 Cowen, 297; 6 Johns. R. 196; and the charge was well laid by stating the property to be in the constable, 8 Cowen, 137. 14 Mass. R. 217. The evidence fully warranted the conviction, and the judgment of the court of special sessions must be affirmed.
2Cases cited1 opinion
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
- Commonwealth v. DingmanSuperior Court of Pennsylvania · 1904
- Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
- Hall v. AdkinsSupreme Court of Missouri · 1875
- Bruley v. RoseSupreme Court of Iowa · 1882
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
4 more not listed; retrieve them via the Exa API.