Legal Opinion

People v. Trank

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 6 opinions

Appeal by the defendants, George Trank and another, from a judgment of the County Court of Warren county, entered on the 16th day of July, 1903, upon the verdict of a jury.

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Appeal by the defendants, George Trank and another, from a judgment of the County Court of Warren county, entered on the 16th day of July, 1903, upon the verdict of a jury. At a term of the Supreme Court in Warren county in June, 1903, the grand jury presented an indictment against the defendants substantially as follows: The grand jury, etc.,' by this indictment accuse George Trank and' Nellie Mahoney of the crime of a felony, committed as follows: The said George Trank and Nellie Mahoney on the 13th day of May, 190.3, at the town of Quéensbury in this county,, then and there having the care…

1Opinion of the Court

Parker, P. J.:

At the time this indictment was found by the grand jury it was a crime to desert a child by those who had the care or custody of it, only in the event that the child was under the age of six years. (See Penal Code, § 287, as amd. by Laws of 1892, chap. 325.) By chapter 376 of the Laws of 1903 that section was amended so as to make it a crime if the child deserted was under fourteen years of age; but prior to September 1, 1903, when that amendment took *296effect, it was no crime to desert a child under fourteen unless it was also under six years of age.

Therefore the indictment which…

2Cited by6 opinions

  1. People v. . Van EveryNew York Court of Appeals · 1917
  2. People v. MotelloAppellate Division of the Supreme Court of the State of New York · 1913
  3. People v. HooterAppellate Division of the Supreme Court of the State of New York · 1953
  4. People v. Fiske, New York County Courts1949
  5. People v. HorwitzNew York City Magistrates' Court · 1912

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