Low v. People
New York Supreme Court
Error from the Oyer and Terminer of Ulster county, where Low was convicted of grand larceny. The indictment contained five counts, describing the property as follows: 1st count, one pocket book of the value of 50 cents, and $60 in hank hills, current money, of the value of $60. 2d count, one pocket hook of the value of 50 cents, and (6) six bank hills of the value of ten dollars each, current money of the State of New York. 3d count, one pocket book of the value of 50 cents;…
Read the full summary
Error from the Oyer and Terminer of Ulster county, where Low was convicted of grand larceny. The indictment contained five counts, describing the property as follows: 1st count, one pocket book of the value of 50 cents, and $60 in hank hills, current money, of the value of $60. 2d count, one pocket hook of the value of 50 cents, and (6) six bank hills of the value of ten dollars each, current money of the State of New York. 3d count, one pocket book of the value of 50 cents; two bank notes of the value of $10 each; three bank notes of the value of $5 each; three bank notes of the value of $3…
1Opinion of the Court
By the Court, Wright, J.
The counsel for the prisoner requested the court to charge the jury that the prosecution were bound to prove the bills to have been of the particular description stated in the indictment, and in the absence of such proof the prisoner should be acquitted upon the charge of stealing the money. This the court refused, and decided in substance, although the bill of exceptions does not very aptly express the meaning of the court, that the first and fifth counts of the indictment were good, and that the proof given was applicable to them. Those counts charged the stealing of…
2Cited by1 opinion
- State v. TauntSupreme Court of Minnesota · 1870