People v. Linzey
New York Supreme Court
Appeal from court of sessions, Ontario county. Daniel Linzey was convicted in a court of special sessions of the crime of petit larceny, and, from a judgment affirming the conviction, defendant appeals.
1Opinion of the CourtHaight, J.
The defendant was convicted of the offense of stealing a $20 bill from the money drawer in the coal office owned by John Hamlin at East Broomfield Station, in the county of Ontario. Upon the trial, Robert Linzey was sworn as a witness for the people, and, under objection by the appellant’s counsel to the effect that he was not competent to understand the nature of an oath, was permitted to testify that he saw the appellant take the bill in question from Mr. Hamlin’s money drawer.
It appears that the witness was about 10 years of age, and, before he was permitted to testify, was examined in…
2Cases cited4 opinions
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Taylor v. BetsfordNew York Supreme Court · 1816
- Bunn v. CroulNew York Supreme Court · 1813
- Vallen v. McGuireNew York Supreme Court · 1888
3Cited by18 opinions
- Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Olshansky v. PrenskyAppellate Division of the Supreme Court of the State of New York · 1918
- High v. ChickNew York Supreme Court · 1894
- Abbott v. Hockenberger, New York County Courts1900
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