Bork v. . the People of the State of New York
New York Court of Appeals
Writ of error to review a judgment of the Supreme Court General Term, in the Fourth Department (reported ante, p. 368), of May, 1882, affirming a judgment of the Court of Oyer and Terminer of Erie county, convicting defendant of peculation. The facts in this case have beep heretofore given (ante, p. 369), and need not be here repeated.
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Writ of error to review a judgment of the Supreme Court General Term, in the Fourth Department (reported ante, p. 368), of May, 1882, affirming a judgment of the Court of Oyer and Terminer of Erie county, convicting defendant of peculation. The facts in this case have beep heretofore given (ante, p. 369), and need not be here repeated. The affidavit referred to, in the opinion of the Court of Appeals, is an affidavit made by defendant in a civil action brought against him and other members of the firm of Lyon, Bork & Co., and Lyon & Co., by the city of Buffalo. In this affidavit Bork states,…
1Opinion of the Court
Andrews, Ch. J.
The indictment under which the conviction was had, which is now the subject of review, was found under the act of February 17,1875 (chap. 19), entitled, “An act to provide more effectually for the punishment of peculation and other wrongs affecting public moneys and rights of property.” The first section, which defines the offense of which the defendant was convicted, is as follows : “ § 1. Every person who, with intent to defraud, shall wrongfully obtain, receive, convert, pay out, or dispose of, or who, with like intent, by willfully paying, allowing, or auditing any false or…
Also in this document: Per curiam.
2Cases cited3 opinions
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- People v. Loomis & RamsdellNew York Supreme Court · 1847
3Cited by30 opinions
- People v. CharlesNew York Court of Appeals · 1984
- State v. SiddowayUtah Supreme Court · 1922
- The People v. . BorkNew York Court of Appeals · 1884
- People v. NicholasAppellate Division of the Supreme Court of the State of New York · 1970
- People v. RosadoAppellate Division of the Supreme Court of the State of New York · 1978
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