People v. Allen
New York Supreme Court
Certiorari to the Schenectady general sessions. The defendant was indicted and convicted in the general sessions for the offence of embezzlement.
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Certiorari to the Schenectady general sessions. The defendant was indicted and convicted in the general sessions for the offence of embezzlement. The count upon which the conviction was had, (the others being abandoned,) alleges that the defendant on, &c. as the agent of William H. Snyder, had collected and received certain money for him the said Snyder, to wit, &c.; that said defendant after having received said money, and which came to his possession and under his care by virtue of his employment as such servant of said Snyder, and while he was such servant of said Snyder, did feloniously…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
As the defendant was found guilty on the first count of the indictment only, the others having been abandoned by the public prosecutor, that count alone is now in question. It is not pretended on behalf of the people that the first count charges any offence at common law, but it is said to be sustainable on the statute as to embezzlement. (2 R. S. 678, § 59.) The first clause of this section of the statute, and which alone can be supposed to have any bearing on the case in hand, is, in terms, limited to clerks and servants, and has nó application to any other…
2Cited by30 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- Dolan v. . PeopleNew York Court of Appeals · 1876
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- State v. AustinSupreme Court of Missouri · 1893
- State v. GabrielSupreme Court of Missouri · 1886
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