People v. Maloney
New York Supreme Court
The prisoner was brought up on a writ of habeas corpus. It appeared that he had been indicted and arrested for grand larceny in stealing a dog. He claimed to be discharged on the ground that a dog was not the subject of larceny.
1Opinion of the Court
After advisement, the following opinion was delivered:
Dean, J. —
The prisoner was indicted at the Kings county sessions for grand larceny, in stealing a Newfoundland dog of the value of $100, the property of Richard Todd. He was then arrested on a warrant issued on the indictment, and in default of bail for his appearance to answer the indictment, was committed. He is now brought before me on habeas corpus, and his discharge on his own recognizance asked for, on the ground that a dog is not property whereof a larceny can be committed.
The case has been argued at length by the prisoner’s counsel…
2Cited by1 opinion
- Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881