People v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1889, which affirmed a judgment convicting defendants of the crime of grand larceny in the second degree, after, a felony, entered upon a decision of the Court of Sessions of Erie county. The facts, so far as material, are stated in the opinion. The so-called record of conviction was erroneously received in evidence.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1889, which affirmed a judgment convicting defendants of the crime of grand larceny in the second degree, after, a felony, entered upon a decision of the Court of Sessions of Erie county. The facts, so far as material, are stated in the opinion. The so-called record of conviction was erroneously received in evidence. (Morris v. Patchin, 24 N. Y. 395 ; Smith v. Blagge, 1 Johns. Cas. 239; Hatcher v. Roscheleau, 18 N. Y. 86.) The record of the…
1Opinion of the CourtGray, J.
The appellants were indicted for and convicted of the crime of grand larceny in the second degree after a felony. The felony set out in the indictment was committed in the state of Pennsylvania. To prove the former conviction of the defendants for this felony, the people produced in evidence certain records of the Court of Quarter Sessions of the Peace in and for the city of Philadelphia, and the objection was made that they were incompetent, immaterial and not properly certified. The exception to the ruling of the court admitting the proof presents the principal question argued here.
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