State v. Dougherty
New York Court of General Session of the Peace
The above named defendant was indicted at this term for the larceny of certain goods laid in the indictment as the property of “Joseph Bancroft’s Sons’ Company”. At the trial, the first witness produced by the State testified that he was not sure whether the corporate name of the owner of the property alleged to have been stolen was “Joseph Bancroft’s Sons’ Company” or “Joseph Bancroft and Sons’ Company”. The State then proved by the docket of certificates of corporations…
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The above named defendant was indicted at this term for the larceny of certain goods laid in the indictment as the property of “Joseph Bancroft’s Sons’ Company”. At the trial, the first witness produced by the State testified that he was not sure whether the corporate name of the owner of the property alleged to have been stolen was “Joseph Bancroft’s Sons’ Company” or “Joseph Bancroft and Sons’ Company”. The State then proved by the docket of certificates of corporations from the office of the Recorder of Deeds that the name of said corporation was “Joseph Bancroft and Sons’ Company”. Biggs,…
1Opinion of the Court
Lore, C. J.:
Is your application to have a nolle prosequi entered?
Mr. Hastings:—Yes sir; I enter a nolle prosequi.
Lore, C. J.:—We think you are entitled to enter a nolle prosequi in this case—The better practice is generally to order the jury to return a verdict of not guilty. Let a ,nolle prosequi be entered.
Thereupon the Deputy Attorney-General framed a new indictment against the defendant, charging therein that the stolen articles were the goods and chattels of the “Joseph Bancroft and Sons’ Company”; which indictment was returned “true bill” by the grand jury. And on the twenty-first of…
2Cases cited2 opinions
- United States v. ShoemakerU.S. Circuit Court for the District of Illinois · 1840
- State v. CallendineSupreme Court of Iowa · 1859
3Cited by2 opinions
- Hall v. StateNew York Court of General Session of the Peace · 1926
- State v. SchwartzNew York Court of General Session of the Peace · 1932