Shipply v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review a judgment entered upon an order made May 20, 1881, which affirmed a judgment of the Court of General Sessions in and for the city and county of New York, entered upon a verdict convicting the plaintiff in error of the crime of grand larceny. The plaintiff in error was indicted for the larceny of certain goods, the property of one Howard.
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Error to the General Term of the Supreme Court, in the first judicial department, to review a judgment entered upon an order made May 20, 1881, which affirmed a judgment of the Court of General Sessions in and for the city and county of New York, entered upon a verdict convicting the plaintiff in error of the crime of grand larceny. The plaintiff in error was indicted for the larceny of certain goods, the property of one Howard. Upon the trial it appeared that on the 21st day of October, 1880, Howard was a dealer in country produce, having a store in the city of New York. On that day Shipply…
1Opinion of the CourtDanforth, J.
We think neither of the exceptions are well taken. • The evidence of facts assumed by the prisoner’s counsel in his request for an acquittal was far from conclusive. A sale has been defined to be a transfer of the absolute property in a thing for a price in money (Ben j. on Sales, 1); and this expresses the general understanding of the term. But within any definition it must include those elements, and the transfer must of course be with the assent of the owner. The jury may have found that the prisoner’s case fell short of this. The owner agreed that he should have the goods on payment of or…
2Cases cited2 opinions
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- Hildebrand v. . People of the State of N.Y.New York Court of Appeals · 1874
3Cited by13 opinions
- State v. SavageOregon Supreme Court · 1900
- People v. NoblettNew York Court of Appeals · 1927
- State v. McClardOregon Supreme Court · 1916
- Riley v. StateCourt of Criminal Appeals of Oklahoma · 1938
- Grunson v. StateIndiana Supreme Court · 1883
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