People v. Birnbaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob M. Birnbaum, from a judgment of the Court of General Sessions of the Peace in and for the county of New York, rendered on the 27th day of June, 1904, convicting the defendant of the crime of grand .larceny in the second degree, and also from an order bearing date the 5th day of July, 1905, and entered in the office of the clerk of said court, denying the defendant’s motion for a new trial.
1Opinion of the Court
Laughlin, J.:
The defendant is an attorney and counselor at law, having been admitted to practice in the year 1900. The indictment, in two counts, charged the defendant with grand larceny in the first degree, in that he had in Ms possession, custody and control, as agent, bailee , and attorney, the sum of $550 belonging to one Harriet Coleman, a client of his, and appropriated the same to his own use, with intent to deprive and defraud her thereof. The first count was withdrawn and he was convicted of the lesser degree under the second count.
The defendant was employed by the complainant to…
2Cases cited5 opinions
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- People v. . ElliottNew York Court of Appeals · 1900
- Coleman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- People v. ChildsAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by8 opinions
- Commonwealth v. JacobsCourt of Appeals of Kentucky · 1907
- People ex rel. Zotti v. FlynnAppellate Division of the Supreme Court of the State of New York · 1909
- People v. KatzAppellate Division of the Supreme Court of the State of New York · 1912
- Broadway Building Co. v. SaladinoCity of New York Municipal Court · 1913
- Dubiske v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1927
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