Legal Opinion

People v. Jeffery

New York Supreme Court

Decided December 4, 1894PublishedCited by 8 opinions

Appeal from court of sessions, St. Lawrence county. John O. Jeffery was convicted of the crime of obtaining the signar ture of one John McCann to a written instrument by means of false pretenses, and appeals.

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Appeal from court of sessions, St. Lawrence county. John O. Jeffery was convicted of the crime of obtaining the signar ture of one John McCann to a written instrument by means of false pretenses, and appeals. The third count of the indictment under which defendant was convicted is as follows: “The grand jury of the county of St Lawrence, by this indictment, also accuse said John O. Jeffery, Clarence Crapser, John Rusaw, of the crime of obtaining the signature of another to a written instrument by means of false pretenses, committed as follows: The said John O. Jeffery, Clarence Crapser, John…

1Opinion of the CourtPutnam, J.

It is urged by the learned counsel for the appellant that the demurrer interposed by defendant to the indictment should have been sustained, for the reason that the third count thereof, *269under which defendant was convicted, did not allege that McCann believed or relied upon the alleged representations made by Jeffery, Crapser, and Rusaw, or was thereby induced to sign the notes set out in the pleading. But the indictment did allege that defendants, at the time mentioned, feloniously, fraudulently, and designedly, and with intent to cheat and defraud another, procured and obtained the signature…

2Cases cited3 opinions

  1. Mayer v. . the PeopleNew York Court of Appeals · 1880
  2. Ranney v. . PeopleNew York Court of Appeals · 1860
  3. Clark v. PeopleNew York Supreme Court · 1869

3Cited by8 opinions

  1. People v. KussNew York Court of Appeals · 1973
  2. People v. . SmithNew York Court of Appeals · 1900
  3. People v. FayAppellate Division of the Supreme Court of the State of New York · 1945
  4. State v. Van RuschenSouth Dakota Supreme Court · 1916
  5. People ex rel. Himmelstein v. BakerAppellate Division of the Supreme Court of the State of New York · 1910

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