People v. . Kane
New York Court of Appeals
Appeal from judgment of the general term of the supreme court in the second judicial department, entered iipon an order made December 1, 1893, which affirmed a- judgment of the court of sessions of Suffolk county, entered upon a verdict convicting defendants upon an indictment under the Penal Code (§ 654) charging defendants with unlawfully and willfully destroying a boat belonging to one Lewis S. Davis.
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Appeal from judgment of the general term of the supreme court in the second judicial department, entered iipon an order made December 1, 1893, which affirmed a- judgment of the court of sessions of Suffolk county, entered upon a verdict convicting defendants upon an indictment under the Penal Code (§ 654) charging defendants with unlawfully and willfully destroying a boat belonging to one Lewis S. Davis. It appeared that Davis had, without right, placed the boat upon a mill pond, which was the property of one Edward Kane. The latter put the pond in charge of his son, one of the defendants,…
1Opinion of the Court
FINCH, J
There was no evidence in this case to warrant the verdict of the jury, and the motion of the defendants to set that verdict aside should have been granted. The trial judge charged the jury that if the destruction of the boat was in the defense of the possession of property, the criminality was lacking which constitutes the punishable offense against the People. ■ That charge was taken from the opinion rendered on an appeal from a previous judgment of conviction in this case, 131 N. Y. 111; 42 St. Rep. 722, and should have ended the controversy, for the proof showed clearly that the…
2Cases cited2 opinions
- Filkins v. . PeopleNew York Court of Appeals · 1877
- People v. . KaneNew York Court of Appeals · 1892
3Cited by3 opinions
- Pueblo v. ValdésSupreme Court of Puerto Rico · 1916
- Barnes v. HagarNew York Supreme Court · 1913
- People v. ValdésSupreme Court of Puerto Rico · 1916