People v. . Stevens
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior Court of Buffalo, entered upon an order made July 19, 1887, which reversed a judgment entered upon a verdict convicting the defendant of a misdemeanor, and granted a new trial upon questions of law exclusively. The nature of the indictment and the material facts are stated in, the opinion. A criminal or malicious intent is not an essential ingredient of every crime.
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Appeal from judgment of the G-eneral Term of the Superior Court of Buffalo, entered upon an order made July 19, 1887, which reversed a judgment entered upon a verdict convicting the defendant of a misdemeanor, and granted a new trial upon questions of law exclusively. The nature of the indictment and the material facts are stated in, the opinion. A criminal or malicious intent is not an essential ingredient of every crime. (People v. Kibler, 106 N. Y. 321.) Where one commits a crime he cannot shield himself behind the plea, “my lawyer told me I'could do it.” (People v. Weed, 29 Hun, 628; Com.…
1Opinion of the CourtAndrews, J.
The indictment charged that the defendant “ did unlawfully and wrongfully intrude ” upon certain premises in the city of Buffalo, without authority of the owner. It was found under section 467 of the Penal Code, which is as follows: “ A person who intrudes Upon any lot or piece of land within the bounds of a city or village, without authority from the owner thereof, or who erects or occupies thereon any hut or other structure whatever, without such authority, or a person who places, erects or occupies within the bounds of any street or avenue '-of a city or village any hut or other structure…
2Cited by29 opinions
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- United States Ex Rel. Horelick v. Criminal Court of New YorkDistrict Court, S.D. New York · 1973
- Johnson v. MayAppellate Division of the Supreme Court of the State of New York · 1919
- People v. SegalCriminal Court of the City of New York · 1974
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