People v. McKane
Court Of Oyer And Terminer New York
John Y. McKane and others were indicted for conspiracy to violate the election laws in the town of Gravesend. Defendants demur to the indictment. Sustained.
1Opinion of the CourtBartlett, J.
The indictment charges the defendants with conspiracy to commit certain crimes which are felonies under the election law. It also alleges that the defendants, in pursuance of the conspiracy, actually did commit the felonies which they had conspired to commit. The case, therefore, squarely presents the question whether, under the law of the state of Yew York, a conspiracy to commit a felony, when executed by the conspirators, does not merge in the felony, so as to prevent a prosecution for the conspiracy itself. To understand the Yew York decisions on this question, it is necessary to refer to…
2Cases cited5 opinions
- People v. MatherNew York Supreme Court · 1830
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1809
- Elkin v. . the PeopleNew York Court of Appeals · 1863
- Lambert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by9 opinions
- People v. TavorminaNew York Court of Appeals · 1931
- People v. CanforaNew York Court of General Session of the Peace · 1957
- People v. WillisNew York Supreme Court · 1898
- People v. WiechersAppellate Division of the Supreme Court of the State of New York · 1904
- State v. EfflerNew York Court of General Session of the Peace · 1910
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