Legal Opinion

People v. . Kaminsky

New York Court of Appeals

Decided May 13, 1913PublishedCited by 28 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1910, which affirmed a judgment of the Court of Special Sessions of the city of New York convicting the defendant of the crime of grand larceny in the second degree. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Cullen, Ch. J.

The defendant, a boy eleven years old, was convicted in the Court of Special Sessions, Children’s Part, of having stolen a pocket book from the person of one Sadie Klein, and sentenced to the House of Refuge. From an order of the Appellate Division, affirming such conviction, this appeal is taken.

Several objections are raised to the validity of this judgment. First. It is urged that there was no evidence before the court that the defendant was under the age of sixteen years, a condition necessary to give the court jurisdiction of his offense which—the larceny being from the…

2Cases cited4 opinions

  1. Ex Parte WilsonSupreme Court of the United States · 1885
  2. People Ex Rel. Cosgriff v. . CraigNew York Court of Appeals · 1909
  3. People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
  4. Messner v. . the PeopleNew York Court of Appeals · 1871

3Cited by28 opinions

  1. State v. OwensSupreme Court of New Jersey · 1969
  2. Savage v. District of ColumbiaDistrict of Columbia Court of Appeals · 1947
  3. People v. BellingerNew York Court of Appeals · 1935
  4. People ex rel. Kipnis v. McCannAppellate Division of the Supreme Court of the State of New York · 1921
  5. Brown v. Kingsley Books, Inc.New York Court of Appeals · 1956

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