The People v. . McDonald
New York Court of Appeals
Error to the Supreme Court, at General Term, in the First department, bringing up the record of the reversal by that court of the conviction of the defendant in error at the General Sessions, in the city of Mew York, on the 28th of March, 1870, for grand larceny alleged to have been committed in February of that year.
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Error to the Supreme Court, at General Term, in the First department, bringing up the record of the reversal by that court of the conviction of the defendant in error at the General Sessions, in the city of Mew York, on the 28th of March, 1870, for grand larceny alleged to have been committed in February of that year. The prosecutor arrived in Mew York from California, having a draft for $2,500 in “ gold coin,” upon a banking house in that city, upon which he desired to procure the money. The prisoner expressed his willingness and ability to procure the money for him, and went with the…
1Opinion of the Court
Church, Ch. J.
The jury must have found, under the"? charge of the court, that the prisoner, at the time he received the draft, had the felonious intent of converting it and the proceeds, when received, to his own use, and that, in pursuance of such intent, he received and carried away the gold, and the evidence justified that conclusion. It was objected on the trial, and is insisted upon here, that these facts are not sufficient to constitute the crime of larceny of the gold, on the ground that the prosecutor never had sufficient possession to maintain trespass. It is a well established, but…
2Cited by22 opinions
- People v. . MillerNew York Court of Appeals · 1902
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Loomis v. . PeopleNew York Court of Appeals · 1876
- Lacey v. StateAlabama Court of Appeals · 1915
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
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