People v. Caswell
New York Supreme Court
Error from the Monroe general sessions. The prisoner was indicted for that he, on, &c. at, &c. a cow, the property of &c. by a certain ill-disposed person to the jurors aforesaid [i. e. the grand jurors] known as Deman Boyce then lately before feloniously stolen, of the same ill-disposed person feloniously did receive, well knowing the same to have been feloniously stolen.
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Error from the Monroe general sessions. The prisoner was indicted for that he, on, &c. at, &c. a cow, the property of &c. by a certain ill-disposed person to the jurors aforesaid [i. e. the grand jurors] known as Deman Boyce then lately before feloniously stolen, of the same ill-disposed person feloniously did receive, well knowing the same to have been feloniously stolen. The prisoner was tried, and the jury found him guilty “ for receiving the cow charged in the fourth count of the indictment as stolen property, knowing her to be stolen.” The court sentenced him to six months imprisonment…
1Opinion of the Court
By the Court,
Cowen, J.
The first objection is, that the petit jury do not find that the cow was stolen by any one, and certainly not by an evil disposed person known as Deman Boyce to the grand jury. This is supposed to be a material averment, which must be found as laid. The single question is, whether it be material in making out the crime of receiving goods, that the thief should be named or described. If it be material, the verdict is defective; otherwise not. In Mackalley’s case, 9 Rep. 61, 67, the indictment, which was for murder, charged that an officer in ex*87ecuting his duty under a…
2Cases cited1 opinion
- Hopkins v. PeopleNew York Supreme Court · 1834
3Cited by7 opinions
- State v. PirkeySouth Dakota Supreme Court · 1908
- State v. SakowskiSupreme Court of Missouri · 1905
- Oxford v. StateSupreme Court of Alabama · 1859
- State v. HarrisSupreme Court of Missouri · 1908
- People v. AvilaCalifornia Supreme Court · 1872
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