People v. May
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Martin May, from a judgment of the County Court of Ontario county rendered against him on the 18th day of March, 1914, convicting him of the crime of petit larceny, and also from an order entered in the office of the clerk of the county of Ontario denying defendant’s motion for a new trial and in arrest of judgment. An appeal is also taken from the decision of the county judge overruling the demurrer to the indictment.
1Opinion of the Court
Keuse, P. J.:
I concur for reversal upon the ground that the indictment is demurrable because it states more than one crime. It does not appear that the property which the defendant is charged with stealing was contained in. the car which he is charged with breaking into. Neither does it appear that the articles which he is charged with having stolen are the same as those covered by the charge of criminally receiving stolen property. I do not see how it can be inferred that it was the same property simply because in both cases it was poultry, in the absence of any statement to that effect, in…
2Cited by2 opinions
- People v. Steel, New York County Courts1925
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1925