Legal Opinion

Mack v. . People of the State of New York

New York Court of Appeals

Decided September 28, 1880PublishedCited by 20 opinions

Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court of General Sessions of the Peace, in and for the city and county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of burglary.

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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court of General Sessions of the Peace, in and for the city and county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of burglary. The indictment charged and the proof established the commission of the burglary, at City Island, in the county of Westchester, the stealing of certain property and the bringing of the same by the prisoner into the county of Hew York. There could be no conviction of the crime of burglary, it having been…

1Opinion of the Court

Forger, Ch. J.

The legislature has seen fit to enact that he who commits a burglary and larceny in one county, if he brings the stolen property into another county, may be indicted, tried and convicted for the burglary in the latter county, as if it had been done there. (2 E. S. 727, § 50) It is the same kind of legislation as that which declares, that for an offense committed on the boundary of two counties, or within 500 yards of it, the offender may he indicted and tried in either county. (2 E. S. 727, § 45 ; see, also, id., § 44.) The matter is clearly within the legislative power. The…

2Cited by20 opinions

  1. People v. . PeckensNew York Court of Appeals · 1897
  2. In re OsborneNew York Supreme Court · 1910
  3. People v. GoldswerNew York Court of Appeals · 1976
  4. Murphy v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1945
  5. People v. WicksAppellate Division of the Supreme Court of the State of New York · 1896

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