People v. Morrison
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Morrison and another, from a judgment of the Court of Special Sessions of the Second Division of 'the city of New York, rendered on the 11th day of June, 1906, convicting the defendants of the crime of petit larceny.
1Opinion of the Court
G-aynoe, J.:
The defendants were convicted in the borough of Brooklyn in the court of" special sessions of petit larceny for stealing clams in that part of Jamaica bay adjacent to that part of the said borough which was formerly the town of Flatlands. The prosecutor had planted clams in a bed to grow and mature, and he accused the defendants of stealing them.- There was sufficient evidence for the trial court to find that no natural clams grew at that place.
The law is long settled that shell fish planted under public waters where they do not grow naturally, and where therefore they cannot lose…
2Cases cited3 opinions
- Vroom v. . TillyNew York Court of Appeals · 1906
- Denton v. BennettAppellate Division of the Supreme Court of the State of New York · 1905
- People v. WanzerNew York Supreme Court · 1904
3Cited by2 opinions
- Francisco v. SchmeelkAppellate Division of the Supreme Court of the State of New York · 1913
- Harding v. ConlonAppellate Division of the Supreme Court of the State of New York · 1913