People v. Gardner
New York Supreme Court
The prisoner was indicted and convicted of felony at the sessions in Washington county, for stealing a horse. On the trial, it appeared, that the original taking of the horse was in the state of Vermont, but that the prisoner was apprehended in Washington county, with the horse in his possession. The question was submitted to the court, whether the prisoner could be tried and punished in this state for the felony.
1Per curiam
We are of opinion, that the prisoner cannot be tried for this offence in this state. When the original taking is out of the jurisdiction of this state, the offence does not continue and accompany the possession of the thing stolen, as it does in the case where a thing is stolen in one county, and the thief is found with the property in another county.* (2 East's Pleas of the Crown, 774.) The prisoner can be considered only as a fugitive from justice, from the state of Vermont.
See contra, Tyng's Rep. (Mass.) v. 2. p. 14. the Commonwealth v. Andrews.
2Cited by14 opinions
- People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
- Haskins v. . the PeopleNew York Court of Appeals · 1857
- Simmons v. CommonwealthSupreme Court of Pennsylvania · 1813
- State v. BennettSupreme Court of Iowa · 1863
- State v. KiefMontana Supreme Court · 1892
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