Mullaly v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, entered upon an order made Hay 20, 1881, which affirmed a judgment of the Court of General Sessions in and for the county of Yew York, entered upon a verdict convicting the plaintiff in error of the crime of petit lar"ceny in stealing a dog. At common law, the only description of property which could be the subject of larceny was “ mere movables having an intrinsic value.” (4 Blackst.
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Error to the General Term of the Supreme Court, in the first judicial department, entered upon an order made Hay 20, 1881, which affirmed a judgment of the Court of General Sessions in and for the county of Yew York, entered upon a verdict convicting the plaintiff in error of the crime of petit lar"ceny in stealing a dog. At common law, the only description of property which could be the subject of larceny was “ mere movables having an intrinsic value.” (4 Blackst. Com. 235-236; 11 H. 7, chap. 17; 31 H. & S. chap. 12; Co. P. C. pp. 109, 110; Dalt., chap. 103 (s); De Swans & Lebesile, 7 Co. R.…
1Opinion of the CourtEarl, J.
The prisoner was convicted of stealing a dog of less value than $25. His counsel contended at the trial and has argued before us that stealing a dog is not larceny, and whether it is or not is the sole question for our present determination.
The learned opinion pronounced at the General Term leaves but little to be written now. At common law the crime of larceny could not be committed by feloniously taking and carrying away a dog. (Wharton’s Cr. Law [4th ed.], § 1755; 4 Black. Com. 235; 1 Hale’s Pleas of the Crown, 510; Coke’s Third Inst. 109.) And yet dogs were so far regarded as property…
2Cases cited4 opinions
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- Findlay v. BearSupreme Court of Pennsylvania · 1822
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- Citizens' Rapid Transit Co. v. DewTennessee Supreme Court · 1898
- People v. LohnesAppellate Division of the Supreme Court of the State of New York · 2013
- Sabin v. SmithCalifornia Court of Appeal · 1915
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