The People v. . Cole
New York Court of Appeals
Ebjror to the late General Term of the Supreme Court in the fifth district, to review the reversal "by that court of a conviction of the defendant in error of grand larceny, at the Jefferson County Sessions, on the 15th September, 18G9. The prisoner was-charged with stealing from the prosecutor, Adams, a government bond for $500. The bond was in a bureau drawer, in the house of Adams, and was taken while ho was out of the house milking the cow.
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Ebjror to the late General Term of the Supreme Court in the fifth district, to review the reversal "by that court of a conviction of the defendant in error of grand larceny, at the Jefferson County Sessions, on the 15th September, 18G9. The prisoner was-charged with stealing from the prosecutor, Adams, a government bond for $500. The bond was in a bureau drawer, in the house of Adams, and was taken while ho was out of the house milking the cow. It appeared that the wife of Adams was present when the bond was taken. Mrs. Adams swore on her direct examination that the prisoner, while her…
1Opinion of the Court
Grover J.
The counsel for the defendant in error, insists that the court erred in holding that he could be convicted of larceny of the bond, notwithstanding the evidence showed that he took it with the consent of the wife of the owner. This ruling was clearly right. The evidence proved that the prisoner knew that Mr. Adams and not his wife owned the bond. That Mr. Adams was, to his knowledge, in the immediate vicinity of the house. That he would return to it after finishing milking, which would occupy but a short time. Under these circumstances, it would be scarcely too much to say that the…
2Cited by42 opinions
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- People v. RamistellaNew York Court of Appeals · 1954
- Commonwealth v. KirouacMassachusetts Supreme Judicial Court · 1989
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
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