Legal Opinion

People v. Klock

New York County Courts

Decided June 15, 1907PublishedCited by 5 opinions

Motion under section 410 of the Criminal Code to advise jury to acquit defendant.

1Opinion of the CourtPritchard, J.

The defendant is indicted for grand larceny in the first degree by false representation.

At the close of the people’s case, the defendant moved for advice to the jury to acquit, under section 410 of the Code of Criminal Procedure, on the following grounds:

First. There is no evidence of any false pretenses or false representations made by the defendant to Gallagher to induce, or that might tend to induce Gallagher to part with his money —the $3,750—and in each instance where I refer to the money I mean that amount.

Second. There were no false or fraudulent representations made by the defendant…

2Cases cited4 opinions

  1. Reed v. . FarrNew York Court of Appeals · 1866
  2. People v. . TompkinsNew York Court of Appeals · 1906
  3. Hamilton v. PeopleNew York Supreme Court · 1870
  4. People v. LivingstoneAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by5 opinions

  1. State v. MellenbergerOregon Supreme Court · 1939
  2. People v. GoldsteinCriminal Court of the City of New York · 1974
  3. State v. EdwardsSupreme Court of Minnesota · 1929
  4. State v. EdwardsSupreme Court of Minnesota · 1929
  5. Horton v. StateOhio Supreme Court · 1911

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