People v. Schenck
New York Supreme Court
The prisoner was indicted, at a court of General Sessions of tho Peace, in the city of Neio-Yorlc, for felony, in stealing a gun, the property of one Carroll. The jury found a special verdict, that the prisoner did feloniously steal and carry away the gun, mentioned in the indictment, in the state of New-Jersey, and that the prisoner brought it afterwards into the city of New-Yorlc, and offered it for sale, but whether, &c.
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The prisoner was indicted, at a court of General Sessions of tho Peace, in the city of Neio-Yorlc, for felony, in stealing a gun, the property of one Carroll. The jury found a special verdict, that the prisoner did feloniously steal and carry away the gun, mentioned in the indictment, in the state of New-Jersey, and that the prisoner brought it afterwards into the city of New-Yorlc, and offered it for sale, but whether, &c. The proceedings having been removed into this court by certiorari. behalf of the people, moved for the judgment of the court, on the special verdict.
1Per curiam
The question has already been decided, in the case of The People v. Gardner.* The prisoner, therefore, is entitled to his discharge. But we think it proper to order, that he be detained in prison for three weeks; and in the mean time, let notice be given to the *479executive of the state of Neiv-Jersen, that the prisoner is j J 1 detained on a charge of felony committed in that state; and if no application be made for the delivery of the prisoner, within that time, he must be discharged.
Ante, p. 477.
2Cited by7 opinions
- State v. BennettSupreme Court of Iowa · 1863
- State v. Le BlanchSupreme Court of New Jersey · 1864
- State v. KiefMontana Supreme Court · 1892
- Brown v. United StatesDistrict of Columbia Court of Appeals · 1910
- People v. LoughridgeNebraska Supreme Court · 1871
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