People of the State of New York v. . Beach
New York Court of Appeals
Error to the General Term of the Supreme Court, in the fourth judicial department, to review order made October 7? 1879, which reversed a judgment of the Court of Sessions in and for the county of Onondaga, entered upon a verdict convicting the defendant in error of the crime of petit larceny. The material facts are set forth in the opinion.
Read the full summary
Error to the General Term of the Supreme Court, in the fourth judicial department, to review order made October 7? 1879, which reversed a judgment of the Court of Sessions in and for the county of Onondaga, entered upon a verdict convicting the defendant in error of the crime of petit larceny. The material facts are set forth in the opinion. Where a person receives the goods of a husband from the wife in bad faith, and with knowledge that the husband’s consent was wanting, or with reason to presume that the taking was against the husband’s will, the talcing is felonious. (3 Greenl. on Ev., §…
1Opinion of the Court
Andrews, Ch. J.
The defendant was convicted at the Onondaga Sessions, of petit larceny, under an indictment, charging him with stealing certain articles of bedding and linen, at Marcellus, Onondaga county, the property of one Charles Hooper. The evidence disclosed that the articles alleged to have been stolen, were taken from the prosecutor’s house by one Hardacre, in a box, in which they had been placed by the prosecutor’s wife, and sent to Albany, and there taken to rooms engaged by the defendant, which were subsequently occupied by him and the prosecutor’s wife. The judge charged the jury,…
2Cases cited1 opinion
- Rouse v. . WhitedNew York Court of Appeals · 1862
3Cited by22 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- Ballew v. United StatesSupreme Court of the United States · 1895
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Townshend v. TownshendSupreme Court of Vermont · 1911
- State v. DaySupreme Court of Missouri · 1889
17 more not listed; retrieve them via the Exa API.