People v. Wheeler
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 12, 1901, upon an order affirming a judgment of the Monroe County Court entered upon a verdict convicting the defendant of grand larceny in the first degree. The facts, so far as material, are stated in the opinion. The demurrer to the indictment should have been sustained. [Whart. Cr. Law [9th ed.], §§ 932, 934; Matter of Schurman, 20 Pac.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 12, 1901, upon an order affirming a judgment of the Monroe County Court entered upon a verdict convicting the defendant of grand larceny in the first degree. The facts, so far as material, are stated in the opinion. The demurrer to the indictment should have been sustained. [Whart. Cr. Law [9th ed.], §§ 932, 934; Matter of Schurman, 20 Pac. Rep. 277; People v. Griffith, 54 Pac. Rep. 725; State v. Fraker, 49 S. W. Rep. 1017; People ex rel. v. Oyer & Term., 83 N. Y. 441;…
1Opinion of the Court
Parker, Ch. J.
The jury have found that the defendant was guilty of grand larceny in the first degree in that he promoted a scheme by which one Giles F. Kitts was persuaded through' false pretenses to part with $800, of which the *491defendant in the main received the benefit. Several agents were made use of for that purpose, among them James A. Harris and Albert P. Wickes. The scheme, briefly, was to sell to Kitts some lots very near to a fine residence owned and occupied by him, but which he did not care to buy. The defendant promised Harris to pay to him a price agreed upon if he should succeed…
2Cited by3 opinions
- Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
- People v. De GoodeAppellate Division of the Supreme Court of the State of New York · 1922
- People v. ReissAppellate Division of the Supreme Court of the State of New York · 1906