Legal Opinion

People v. . Zayas

New York Court of Appeals

Decided January 25, 1916PublishedCited by 15 opinions

Appeal from an order of the Appellate Division of the Supreme Court iii the first judicial department, entered May 21, 1915, which affirmed an order of the court at a Trial Term sustaining demurrers to an indictment for grand larceny. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court iii the first judicial department, entered May 21, 1915, which affirmed an order of the court at a Trial Term sustaining demurrers to an indictment for grand larceny. The facts, so far as material, are stated in the opinion. By virtue of the general statutory provision contained in the Code all who participate in the commission of a crime are principals, and the whole history of the statute indicates plainly that it was enacted as a jurisdictional statute, and that it relates to the jurisdiction over offenses planned or in…

1Opinion of the Court

Seabury, J.:

The demurrers were interposed to the first count of the indictment. This count charges grand larceny in its first degree. It charges the form of larceny known as false pretenses. It alleges that the false pretenses were made in the county of New York, state of New York, and that by reason thereof the complaining witness delivered money or property to the defendants in the city of Philadelphia, in the state of Pennsylvania. It is not necessary to set forth in detail these allegations, as the demurrers raise only the question whether the fact that the false pretenses were made in…

2Cases cited2 opinions

  1. People Ex Rel. Cosgriff v. . CraigNew York Court of Appeals · 1909
  2. People v. . ArnsteinNew York Court of Appeals · 1914

3Cited by15 opinions

  1. State v. BeukeOhio Supreme Court · 1988
  2. People v. WerblowNew York Court of Appeals · 1925
  3. State v. WestSupreme Court of New Jersey · 1959
  4. People v. ChapmanCalifornia Court of Appeal · 1921
  5. State v. HarringtonSupreme Court of Vermont · 1969

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