Legal Opinion

People v. Cummins

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

Decided November 15, 1912PublishedCited by 10 opinions

Appeal by the defendant, William J. Cummins, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 24th day of November, 1911, convicting the defendant of the crime of grand larceny in the first degree and sentencing him to Sing Sing for not less than four years and eight months and not more than eight years and eight months; also from two orders entered in said clerk’s office on the same day denying the defendant’s…

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Appeal by the defendant, William J. Cummins, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 24th day of November, 1911, convicting the defendant of the crime of grand larceny in the first degree and sentencing him to Sing Sing for not less than four years and eight months and not more than eight years and eight months; also from two orders entered in said clerk’s office on the same day denying the defendant’s respective motions for a new .trial made upon the minutes and for an arrest of judgment; also from an order entered in said…

1Opinion of the Court

Laughlin, J.:

The indictment was duly filed on the 20th day of April, 1911, and it contains six counts. The court Withdrew the 8d and 6th counts from the consideration of the jury, arid the other four were left to the jury, and a general verdict of guilty was rendered.

Each of the four counts of the indictment which were left to the jury predicates the larceny on the appropriation by the defendant to his own use of four checks, or the proceeds thereof, of the Nineteenth Ward Bank, made on the 23d day of April, 1910, payable to the order of the Carnegie Trust Company. One of the checks was ori…

2Cases cited16 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
  3. People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
  4. People v. . LedwonNew York Court of Appeals · 1897
  5. Gilman v. . ReddingtonNew York Court of Appeals · 1861

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. RauchNew York Court of General Session of the Peace · 1931
  2. Madison Trust Co. v. . Carnegie Trust Co.New York Court of Appeals · 1915
  3. Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. State v. ChitwoodArizona Supreme Court · 1952
  5. People v. AnhutAppellate Division of the Supreme Court of the State of New York · 1914

5 more not listed; retrieve them via the Exa API.

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