People v. Jackson
New York Supreme Court
Motion in arrest of judgment. The defendant was indicted for grand larceny, in the court of oyer and terminer for the county of Wayne. The indictment having been removed into this court by certiorari, was sent to the circuit for trial on the defendant’s plea of not guilty. The trial came on at the circuit held in and for the county of Wayne, in April, 1850, before Selden, justice, when the defendant was convicted.
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Motion in arrest of judgment. The defendant was indicted for grand larceny, in the court of oyer and terminer for the county of Wayne. The indictment having been removed into this court by certiorari, was sent to the circuit for trial on the defendant’s plea of not guilty. The trial came on at the circuit held in and for the county of Wayne, in April, 1850, before Selden, justice, when the defendant was convicted. A motion was now made in his behalf to arrest the judgment for the insufficiency of the indictment. The indictment contained two counts, one of which, being the one upon which the…
1Opinion of the Court
By the Court, Welles, P. J.
It was not larceny by the common law to steal a chose in action, for the reason that it is only an evidence of money or other thing due from one person to another, and in itself possesses no intrinsic value. The crime could only be committed of personal goods, mere movables, having an intrinsic value.
By 2 R. S. 279, § 63, “ Every person who shall be convicted *640of the felonious taking and carrying away the personal property of another of the value of more than twenty-five dollars, shall be adjudged guilty of grand larceny, and shall be imprisoned in a state prison for…
2Cases cited2 opinions
- Commonwealth v. BoyerSupreme Court of Pennsylvania · 1807
- Stewart v. CommonwealthSupreme Court of Pennsylvania · 1818
3Cited by11 opinions
- Duncan v. StateSupreme Court of Florida · 1892
- State v. SegermondSupreme Court of Kansas · 1888
- Jones v. StateMississippi Supreme Court · 1875
- Banning v. EdesSupreme Court of Minnesota · 1861
- Arnold v. StateIndiana Supreme Court · 1875
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