People v. M'Garren
New York Supreme Court
Error from the Oneida general sessions. The defendant was indicted for petit larceny for stealing a whip of the value of two dollars, the property of one Stephen Northrop. The defendant was a merchant in Utica, and Northrop came to his store to purchase cloth. After spending some time in looking at cloths, he went off without making a purchase, leaving his whip in the store. The defendant concealed it.
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Error from the Oneida general sessions. The defendant was indicted for petit larceny for stealing a whip of the value of two dollars, the property of one Stephen Northrop. The defendant was a merchant in Utica, and Northrop came to his store to purchase cloth. After spending some time in looking at cloths, he went off without making a purchase, leaving his whip in the store. The defendant concealed it. Within a few minutes Northrop returned and inquired for it, and was told by the defendant he had not seen it. Northrop returned repeatedly in the course of the day, and always received the same…
1Opinion of the Court
By the Court,
Bronson, J.
Had the objection to the competency of Decker been made before he was sworn, he would have been rejected (2 R. S. 408, § 87). But it was not taken until after he had been sworn and given his evidence. If it was not then too late to entertain the question, it was addressed to the discretion of the court, and upon the facts disclosed in the bill of exceptions, it is impossible to say that there was error in refusing to strike out the testimony.
Whether the defendant took the whip animo furandi, or whether he took it at all, were questions of .fact for the jury, and their…
2Cited by17 opinions
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Berry v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Griggs v. StateSupreme Court of Alabama · 1877
- Ferguson v. RayOregon Supreme Court · 1904
- Loucks v. GalloglyAlbany City Court · 1892
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