Johnson v. People
New York Supreme Court
Error to the general sessions of Albany county. The defendant was indicted together with one Somerville for grand larceny in stealing sundry bank notes and gold coin, the property of one Henry Colby.
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Error to the general sessions of Albany county. The defendant was indicted together with one Somerville for grand larceny in stealing sundry bank notes and gold coin, the property of one Henry Colby. The prisoner Johnson was tried separately, and it appeared by the testimony of Colby that he was decoyed by Johnson, on an idle pretence, to a place on the canal ■ north of the city of Albany where they met Somerville, when Colby was induced to take out his pocket book to lend some money to Johnson to enable him to make a pretended bet with. Somerville, upon which Johnson seized and took the…
1Opinion of the Court
By the Court, Beardsley, J.
When the district attorney rested the point was raised that “ it was incumbent on the prosecution to produce some evidence that there were such banks in existence as those mentioned by the witnesses, and that the bills, alleged to be stolen, were genuine.” Not a word of direct evidence had then been given, and none was afterwards received or offered, as to either of these facts, although the bills had been spoken of, incidentally, as bills of certain banks in the state of Maine. No inquiry appears to have been made of any witness with a view to show, with greater…
2Cases cited2 opinions
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3Cited by12 opinions
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- State v. HinckleySupreme Court of Minnesota · 1860
- State v. ThompsonSupreme Court of Kansas · 1880
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