People v. Stetson
New York Supreme Court
Demurrer to an indictment. The indictment was found at the oyer and terminer for Monroe county, in October, 1847. It stated substantially that the defendant, on the first of August, 1847, at Rochester, with felonious intent to cheat and defraud one Royal Barlow, feloniously, unlawfully, knowingly and designedly, falsely pretended and represented to said Barlow that he the defendant was a constable, and had a warrant issued by Butler Bardwell, Esq., a justice of the peace of…
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Demurrer to an indictment. The indictment was found at the oyer and terminer for Monroe county, in October, 1847. It stated substantially that the defendant, on the first of August, 1847, at Rochester, with felonious intent to cheat and defraud one Royal Barlow, feloniously, unlawfully, knowingly and designedly, falsely pretended and represented to said Barlow that he the defendant was a constable, and had a warrant issued by Butler Bardwell, Esq., a justice of the peace of said county, against said Barlow, for a rape, and produced a forged and false instrument purporting to be such warrant;…
1Opinion of the CourtWelles, J.
The formal objection to the indictment, that it does not state any particular value of the watch, is not sustained by any authority that I have been able to find. The statute under which the indictment was found does not require that the property obtained should be of any particular value— the words are, “ any money, personal property, or valuable thing.” There is no reason why the particular value should be alleged. There are cases where it is necessary to allege the value of the property in an indictment, where the offence, or its grade, may depend upon- the value—as in an indictment for…
2Cases cited3 opinions
- People v. StoneNew York Supreme Court · 1832
- People v. CloughNew York Supreme Court · 1837
- People v. BabcockNew York Supreme Court · 1810
3Cited by16 opinions
- State v. MellenbergerOregon Supreme Court · 1939
- McCord v. . the PeopleNew York Court of Appeals · 1871
- State v. CrowleyWisconsin Supreme Court · 1876
- People v. . TompkinsNew York Court of Appeals · 1906
- State v. StewartNorth Dakota Supreme Court · 1900
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