Loomis v. . People
New York Court of Appeals
Error to the General Term of the Supreme Oourt in the first judicial department to review judgment affirming a judgment of the Oourt of General Sessions in and for the city and county of New York, entered upon a verdict convicting plaintiffs in error of the crime of larceny. The prisoners were indicted for stealing the sum of ninety dollars, the property of Christian Olason.
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Error to the General Term of the Supreme Oourt in the first judicial department to review judgment affirming a judgment of the Oourt of General Sessions in and for the city and county of New York, entered upon a verdict convicting plaintiffs in error of the crime of larceny. The prisoners were indicted for stealing the sum of ninety dollars, the property of Christian Olason. He was on his way from Nebraska to Hamburgh, in Germany, and took the train from Philadelphia to New York, in the progress of his journey. The prisoners were passengers on the same train, and Lewis, one of them, engaged…
1Opinion of the CourtMiller, J.
The prosecutor was induced to place his money upon a game of hazard upon the assurance of Lewis, one of the prisoners, that he was to win, and he would have his money back, or that in case of loss other money would be procured upon a check which Lewis claimed to have in his possession, and paid in place of that lost.
It is evident that the prisoner Lewis and his confederate Loomis conspired fraudulently and feloniously to procure the money of the prosecutor, and by means of a trick and device succeeded in converting it to their own use. Upon the facts proven, the question to be determined is,…
2Cases cited2 opinions
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
- The People v. . McDonaldNew York Court of Appeals · 1870
3Cited by50 opinions
- People v. AshleyCalifornia Supreme Court · 1954
- People v. . MillerNew York Court of Appeals · 1902
- State v. EdwardsWest Virginia Supreme Court · 1902
- Crum v. StateIndiana Supreme Court · 1897
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
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