Legal Opinion

People v. Hart

New York Court of General Session of the Peace

Decided May 15, 1901PublishedCited by 8 opinions

.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

  1. People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. People v. GibbsCalifornia Supreme Court · 1893
  3. State v. DeLaySupreme Court of Missouri · 1887
  4. Martin v. StateCourt of Criminal Appeals of Texas · 1896
  5. 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

  1. People v. KahlerCalifornia Court of Appeal · 1915
  2. People v. LevitasNew York Supreme Court · 1963
  3. People v. CerratoNew York Court of General Session of the Peace · 1916
  4. People v. Gould, New York County Courts1964
  5. People v. Cory, New York County Courts1925

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API