Legal Opinion

People v. Johnston

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1906PublishedCited by 2 opinions

Appeal by the defendant, Edward T. Johnston, from that part of a judgment of the County Court of Warren county, entered in the office .of the clerk of the county of Warren on the 11th day of November,' 1905, which affirms a judgment of the Court of Special Sessions of the village of Grlens Falls, rendered on the 3d day of March, 1905, convicting the defendant of the crime of petit larceny.

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Appeal by the defendant, Edward T. Johnston, from that part of a judgment of the County Court of Warren county, entered in the office .of the clerk of the county of Warren on the 11th day of November,' 1905, which affirms a judgment of the Court of Special Sessions of the village of Grlens Falls, rendered on the 3d day of March, 1905, convicting the defendant of the crime of petit larceny. The defendant was convicted of the crime of petit larceny on a trial before a Court of Special Sessions held by the police justice of G-lens Falls, and sentenced to sixty-one days in the Albany…

1Opinion of the Court

Chester, J.:

The evidence was sufficient to sustain the conviction, but the defendant insists that the Court of Special Sessions had no jurisdiction to try him, because in the information the crime of petit larceny was not charged as a first offense, such court being a court of limited jurisdiction and being given jurisdiction under the statute (Code Crim. Proc. § 56, subd. 1) of trying the ’ charge of “ petit larceny, charged as a first offense.” This question has been expressly determined adversely to the contention of the defendant in the case of People v. Cook (45 Hun, 34) where Smith, P.…

2Cited by2 opinions

  1. People ex rel. Gainance v. PlattAppellate Division of the Supreme Court of the State of New York · 1911
  2. People ex rel. Pettibone v. Superintendent of the New York State Reformatory at ElmiraNew York Supreme Court · 1937

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