People v. Goldner
New York Supreme Court
Demurrer to indictment.
1Opinion of the CourtKapper, J.
This indictment must fall fur duplicity. It charges two wholly unrelated and distinct larcenies. While it alleges both to have been committed on the same day and of the same amount, there is nothing to show that that amount was the same misappropriation in both counts. The first count alleges that $2o'0i belonging to the city of New York, while in the custody and control of the defendant as superintendent of sewers, was, on September 2-8, 1905, feloniously appropriated, by him to his own use with intent to deprive the city, the true owner, thereof.
The second count alleges that, on September…
2Cases cited10 opinions
- People v. ShotwellCalifornia Supreme Court · 1865
- People v. . GeyerNew York Court of Appeals · 1909
- People v. . McCarthyNew York Court of Appeals · 1888
- Hawker v. . the PeopleNew York Court of Appeals · 1878
- People v. . AdlerNew York Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. KaplanNew York Court of General Session of the Peace · 1932
- People v. TrepelNew York Court of General Session of the Peace · 1954
- People v. Steel, New York County Courts1925
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1925