Legal Opinion

People v. Lyon

New York Supreme Court

Decided October 15, 1884Published

Appeal, by defendant James S. Lyon, from a judgment of April 6, 1883, of the Court of Oyer and Terminer of Erie county, Hon. George Barker presiding, convicting defendant of receiving and converting certain moneys of the city of Buffalo, and from an order of the same court, of August 13, denying defendant’s motion for a new trial.

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Appeal, by defendant James S. Lyon, from a judgment of April 6, 1883, of the Court of Oyer and Terminer of Erie county, Hon. George Barker presiding, convicting defendant of receiving and converting certain moneys of the city of Buffalo, and from an order of the same court, of August 13, denying defendant’s motion for a new trial. Defendant was indicted November 17, 1877, under “ An Act to provide more effectually for the punishment of peculation and other wrongs affecting public moneys and rights of property.” L. 1875, c. 19. Upon his conviction, he was sentenced to four years’ imprisonment…

1Opinion of the CourtBradley, J.

The defendant, by indictment found against him at the Erie Court of Sessions, in November, 1877, was charged with receiving, converting, &c., $2,200 owned by the city of Buffalo, with intent to defraud that city, on September 14, 1875.

This presentment was- made pursuant to chapter 19, Laws of 1875, which provides, that “Every person, who with intent to defraud, shall wrongfully obtain, receive, convert, pay out or dispose of, or who with like intent by willfully paying, allowing or auditing any false or unjust claim, or in other manner or way whatever, shall aid or abet any other in…

2Cases cited27 opinions

  1. Pierson v. . the PeopleNew York Court of Appeals · 1880
  2. Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
  3. Coleman v. . People of the State of N.Y.New York Court of Appeals · 1873
  4. Mayer v. . the PeopleNew York Court of Appeals · 1880
  5. Stover v. . People of the State of N.Y.New York Court of Appeals · 1874

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