People v. Hart
New York Court of General Session of the Peace
.Demurrer to indictment for grand larceny by means of false pretenses, on the ground that the facts stated do not constitute a crime.
1Opinion of the Court
Goff, R.
Taking as a premise the rul.e of pleading that the indictment must contain a plain and concise statement of *484the acts constituting the crime (Crim. Code, § 275), it becomes necessary in the first instance to determine what are the acts which constitute the crime of larceny by false pretense.
Obtaining property by a fraud which did not amount to a defined felony was not an indictable offense at common law, unless it affected the public. It was said by Lord Mansfield that “ an offense to be indictable must be such an one as affects the public.” Fraud by a false token designed to cheat…
2Cases cited8 opinions
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- People v. GibbsCalifornia Supreme Court · 1893
- State v. DeLaySupreme Court of Missouri · 1887
- Martin v. StateCourt of Criminal Appeals of Texas · 1896
- Watson v. . People of the State of New YorkNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. KahlerCalifornia Court of Appeal · 1915
- People v. LevitasNew York Supreme Court · 1963
- People v. CerratoNew York Court of General Session of the Peace · 1916
- People v. Gould, New York County Courts1964
- People v. Cory, New York County Courts1925
3 more not listed; retrieve them via the Exa API.