Legal Opinion

People v. . Gibson

New York Court of Appeals

Decided April 25, 1916PublishedCited by 20 opinions

Apeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1915, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree. The facts, so far as material, are stated in the opinion.

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Apeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1915, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree. The facts, so far as material, are stated in the opinion. The indictment does not state facts constituting a crime, and hence defendant’s motion for a dismissal or in arrest of judgment should have been granted. (Tompkins v. Fonda G. L. Co., 188 N. Y. 261; People v. Fish,…

1Opinion of the Court

Willard Bartlett, Ch. J.:

The indictment is good. It charges that the defendant, acting as executor of the last will and testament of Ruzena Menschik Szabo, deceased, and having in his possession certain moneys belonging to her estate, feloniously withheld the same, and appropriated the same to his own use. (Penal Law, § 1290, subd. 2.) This is sufficient.

Some errors in the admission of evidence were committed upon the trial, but -as they were technical, and did not affect the substantial rights of the defendant, they ‘must be disregarded. (Code Crim. Pro. § 542.) The papers upon which the…

2Cases cited2 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Holt v. United StatesSupreme Court of the United States · 1910

3Cited by20 opinions

  1. Harrison v. StateCourt of Appeals of Maryland · 1975
  2. People v. . MinkowitzNew York Court of Appeals · 1917
  3. People v. SallowNew York Court of General Session of the Peace · 1917
  4. Bain v. United StatesCourt of Appeals for the Sixth Circuit · 1920
  5. People Ex Rel. Woronoff v. . MallonNew York Court of Appeals · 1918

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