People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James R. Mitchell, from a judgment of the Supreme Court in favor of the plaintiff, rendered on the 7th day of December, 1899, upon the verdict of a jury, convicting the defendant of the crime of grand larceny in the second degree.
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Appeal by the defendant, James R. Mitchell, from a judgment of the Supreme Court in favor of the plaintiff, rendered on the 7th day of December, 1899, upon the verdict of a jury, convicting the defendant of the crime of grand larceny in the second degree. The defendant was indicted by the grand jury of Erie county, at a term of the Erie County Court, held in the month of September, 1899. He was arraigned on the indictment on the 25th day of September, 1899, and pleaded not guilty. On November 9, 1899, by an order duly made, the indictment was sent to the Supreme Court, and on the 22d day of…
1Opinion of the Court
McLennan, J.:
The sole contention of the defendant upon this appeal is that the indictment upon which he was tried and convicted does not allege that any element of the crime charged was committed within the county of Erie, and that, therefore, the grand jury of that county did not have jurisdiction to indict or the court to try and convict the defendant for the crime alleged in the indictment.
The indictment is as follows :
“ County Court of Erie County.
“ The grand jury of the county of Erie by this indictment'accuse James It. Mitchell of the crime of grand larceny in the second degree,…
2Cited by19 opinions
- Murtagh v. LeibowitzNew York Court of Appeals · 1951
- People v. . Hudson Valley Construction Co.New York Court of Appeals · 1916
- People v. Vario, New York County Courts1938
- People v. LicenziataAppellate Division of the Supreme Court of the State of New York · 1921
- Addington v. StateSupreme Court of Kansas · 1967
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