People v. M'Gowan
New York Supreme Court
Error from the Albany oyer and terminer. The defendant was indicted at the Albany general sessions, in June, 1837, for grand, larceny, in stealing one watch of the value of $110, one watch of the value of §65, one watch of the value of §45, one gold watch of the value of §110, one gold watch of th« value of §65, and one silver watch of the value of $45, the property of one Alexander M'Harg.
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Error from the Albany oyer and terminer. The defendant was indicted at the Albany general sessions, in June, 1837, for grand, larceny, in stealing one watch of the value of $110, one watch of the value of §65, one watch of the value of §45, one gold watch of the value of §110, one gold watch of th« value of §65, and one silver watch of the value of $45, the property of one Alexander M'Harg. The prisoner pleaded, that at the Albany general sessions, held in March, 1837, he was indicted for robbery, being charged with entering a shop, putting one James De Forrest in bodily fear, and violently…
1Opinion of the Court
By the Court,
Cowen, J.
The first indictment, though for a robbery, involved the question of simple larceny, of which the prisoner under that indictment, might have been convicted. So far, therefore, as the nature of the offence is concerned, the plea was valid; the prisoner had, within the issue, been tried and acquitted of the larceny. The rule laid down by the court of sessions, applies; for the same proof would sustain either indictment, to the extent necessary for the purposes of the plea.
In this respect, no proof was necessary on the part of the prisoner. The replication admitted the…
2Cited by37 opinions
- People v. JacksonNew York Court of Appeals · 1967
- State v. HameySupreme Court of Missouri · 1902
- Roberts v. StateSupreme Court of Georgia · 1853
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Henry v. StateSupreme Court of Alabama · 1859
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