People v. . Mills
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1904, which affirmed a judgment-entered upon a verdict convicting the defendant of an attempt to commit the c^ime of grand larceny in the second degree, and of an attempt to commit the crime of willfully and unlawfully removing certain public documents from the custody of the officer to whom they were confided by law.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1904, which affirmed a judgment-entered upon a verdict convicting the defendant of an attempt to commit the c^ime of grand larceny in the second degree, and of an attempt to commit the crime of willfully and unlawfully removing certain public documents from the custody of the officer to whom they were confided by law. The indictment against the defendant contains two counts, each charging an attempt to violate a distinct section of the Penal Code, the first being founded…
1Opinion of the CourtVann, J.
The indictments against Dr. Flower were records or documents filed in a public office under the authority of law. (Code Crim. Pro. § 272; Code Civ. Pro. § 866.) They were the property of the state and a willful and unlawful removal of them constituted a crime under section 94 of the Penal Code. Any one who unlawfully obtained or appropriated them was guilty of grand larceny in the second degree, according to the provisions of another section of the same statute. (Penal Code, § 531.) Whoever is guilty of violating either section may be convicted of an attempt to commit the offense specified…
2Cases cited7 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- People v. . GardnerNew York Court of Appeals · 1894
- People v. . PeckensNew York Court of Appeals · 1897
- People v. . MoranNew York Court of Appeals · 1890
- People v. . BlivenNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- State v. LabatoSupreme Court of New Jersey · 1951
- People v. WerblowNew York Court of Appeals · 1925
- Woo Wai v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- People v. RizzoNew York Court of Appeals · 1927
59 more not listed; retrieve them via the Exa API.