Coats v. . the People
New York Court of Appeals
Writ of error to the Supreme Court. The prisoner was indicted in the Yates General Sessions, for the embezzlement of beef, hams and other provisions in his charge as the agent of one Clark, the sole superintendent of the poor of Yates county. It was charged in the indictment, and proved on the trial, that the prisoner was the keeper of the county poor house under an appointment by Clark. The goods embezzled were stated as the property of Clark.
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Writ of error to the Supreme Court. The prisoner was indicted in the Yates General Sessions, for the embezzlement of beef, hams and other provisions in his charge as the agent of one Clark, the sole superintendent of the poor of Yates county. It was charged in the indictment, and proved on the trial, that the prisoner was the keeper of the county poor house under an appointment by Clark. The goods embezzled were stated as the property of Clark. The court charged the jury, that the superintendent of the poor was an incorporated company within the meaning of the statute, and that the defendant,…
1Opinion of the CourtSelden, J.
In the view I take of this case, it will be necessary to consider one only, among the numerous points made on the part of the plaintiff in error.
The indictment is founded upon the statute concerning embezzlement (2 R. S., 678, § 59), which reads as follows: “ If any clerk or servant of any private person or of any copartnership (except apprentices and persons within the age of eighteen years), or of any officer, agent, clerk or servant of any incorporated company, shall embezzle, or convert to his own use, or take, make away with, or secrete, with intent to embezzle,” &c.
It is not claimed on…
2Cited by4 opinions
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