People v. McHale
New York Supreme Court
Appeal from court of sessions, Onondaga county. James McHale was indicted for grand larceny in the first degree, and from a judgment entered on a verdict of guilty defendant appeals.
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Appeal from court of sessions, Onondaga county. James McHale was indicted for grand larceny in the first degree, and from a judgment entered on a verdict of guilty defendant appeals. The indictment charged that “the said James McHale, on the 31st day of October, 1889, at the city of Syracuse, in this county, entered into an agreement with one Elizabeth Heaney, whereby the said James McHale did promise and agree to and with the said Elizabeth Heaney to have and hold and take in his possession, custody, and control the certain moneys hereinafter described of and belonging to said Elizabeth…
1Opinion of the CourtHardin, P. J.
We are of the opinion that the allegations found in the indictment-are entirely sufficient to bring the case within the provisions of section 528 of the Penal Code. People v. Dunn, 6 N. Y. Supp. 805; People v. Willett, 102 N. Y. 251, 6 N. E. Rep. 301; People v. Dumar, 106 N. Y. 502, 13 N. E. Rep. 325. In that section it is provided as follows: “Any person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either (1) takes from the possession of the true owner,…
2Cases cited8 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- People v. . DumarNew York Court of Appeals · 1887
- People v. . BradnerNew York Court of Appeals · 1887
- Leonard v. . PooleNew York Court of Appeals · 1889
- The People v. . WillettNew York Court of Appeals · 1886
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3Cited by5 opinions
- People v. WeeksMichigan Supreme Court · 1911
- State v. HeftSupreme Court of Iowa · 1912
- Browning v. StateNebraska Supreme Court · 1898
- People v. TowerNew York Supreme Court · 1892
- People v. WelshAppellate Division of the Supreme Court of the State of New York · 1903