Legal Opinion

People v. Smilie

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

Decided March 20, 1907PublishedCited by 3 opinions

Appeal by the defendants, John Smilie and others, from a judgment of the County Court of Erie county, rendered on the 6th day of July, 1906, convicting the defendants of the crime of grand larceny in the second degree.

1Opinion of the Court

Spring, J.:

Webb was the only witness on behalf of the People of the commission of the alleged crime. He testified that while waiting for a train in the Erie railroad station in the city of Buffalo he was asked by the defendant Davis to go with him for a cup of coffee. .They went together to a saloon, where they met the defendant Smilie. Davis produced a-five-dollar bill and Smilie produced one of ten dollars to pay for the drinks which they had ordered, and the woman -tending bar * was unable to change either bill. In order to settle the question of payment among themselves, Davis and Smilie…

2Cases cited2 opinions

  1. Church v. . HowardNew York Court of Appeals · 1880
  2. Manigold v. Black River Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by3 opinions

  1. State v. GroosSupreme Court of Connecticut · 1930
  2. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1908
  3. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API