People v. Bosworth
New York Supreme Court
Appeal from court of sessions, Broome county. Elmer J. Bosworth was indicted and tried for burglary in the third degree, and appeals from a judgment of conviction, from an order denying a motion made in behalf of defendant in arrest of judgment, from an order denying a motion made in behalf of defendant for a new trial on a case and exceptions, made and settled on the ground that the verdict was contrary to law and against the evidence, and on the exceptions taken at the…
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Appeal from court of sessions, Broome county. Elmer J. Bosworth was indicted and tried for burglary in the third degree, and appeals from a judgment of conviction, from an order denying a motion made in behalf of defendant in arrest of judgment, from an order denying a motion made in behalf of defendant for a new trial on a case and exceptions, made and settled on the ground that the verdict was contrary to law and against the evidence, and on the exceptions taken at the trial, and from a judgment that defendant was guilty of burglary in the third degree, “ and that he be sentenced to the…
1Opinion of the CourtHardin, P. J.
It was proper to charge in the indictment the defendant as a principal. Section 29 of the Penal Code provides as follows: “A person concerned in the commission of a crime, whether he directly commits the act constituting the offense or aids or abets in its commission, and whether present or absent, and a person who directly or indirectly counsels, commands, induces, or procures another to commit a crime, is a principal.” The theory of the prosecution is that the defendant directly or indirectly counseled, commanded, induced, or procured Archie Adams and Thomas Kehoe to commit the crime…
2Cases cited20 opinions
- People v. . EverhardtNew York Court of Appeals · 1887
- People v. StanleyCalifornia Supreme Court · 1873
- The People v. . GonzalezNew York Court of Appeals · 1866
- Phelps v. . PeopleNew York Court of Appeals · 1878
- People v. . BlivenNew York Court of Appeals · 1889
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3Cited by1 opinion
- People v. . MayhewNew York Court of Appeals · 1896