Legal Opinion

People v. . Morrison

New York Court of Appeals

Decided January 26, 1909PublishedCited by 31 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered January 24, 1908, which affirmed a judgment of the Court of Special Sessions in the borough of Brooklyn convicting the defendants of the crime of petit larceny.

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Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered January 24, 1908, which affirmed a judgment of the Court of Special Sessions in the borough of Brooklyn convicting the defendants of the crime of petit larceny. The charge against the defendants was that “On the eleventh day of March, 1906, at the Borough of Brooklyn, of the city of New York, in the county of Kings, (they) did wilfully, knowingly and wilfully steal, take and carry away five bushels of hard clams and one-half bushel mf oysters, of the total value of ten dollars, of…

1Opinion of the Court

Vann, J.:

Upon the trial evidence was given tending to show the firm of PI. W. Schmelke and Company for 20 years had been in the possession of a plat of land two’ hundred feet long and fifty feet wide, under the waters of Jamaica bay. They had cleaned the ground “entirely up” and then transplanted upon it clams and oysters, which they had previously procured from others waters and planted on another plat belonging to them. The plat in .question was staked out and marked according to custom, and the stakes replaced when shifted by ice or otherwise. There was no natural growth of clams upon it,…

2Cases cited8 opinions

  1. The People v. . CrapoNew York Court of Appeals · 1879
  2. People v. . CasconeNew York Court of Appeals · 1906
  3. Van Bokkelen v. . BerdellNew York Court of Appeals · 1891
  4. Fleet v. HegehanNew York Supreme Court · 1835
  5. Decker v. FisherNew York Supreme Court · 1848

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3Cited by31 opinions

  1. People v. RahmingNew York Court of Appeals · 1970
  2. People v. RodriguezNew York Court of Appeals · 1975
  3. People v. MillerNew York Court of Appeals · 1998
  4. The People v. Charles Smith The People v. Tyrell Ingram , The People v.Isma McGheeNew York Court of Appeals · 2016
  5. People v. CookNew York Court of Appeals · 1975

26 more not listed; retrieve them via the Exa API.

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