People v. Kupperschmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Kupperschmidt, from a judgment of the Court of General Sessions of the Peace in and for the county of New York, rendered on the 16th day of April, 1920, convicting him of the crime of criminally receiving stolen property in the first degree in violation of section 1308 of the Penal Law. (See Laws of 1916, chap. 366, amdg. said § 1308. Since amd. by Laws of 1920, chap. 570.)
1Opinion of the Court
Smith, J.:
The defendant was convicted in part upon the testimony of the thief who stole the goods, and the trial judge charged the jury that the thief was not an accomplice of the defendant and that, therefore, they might convict upon the testimony of the thief without further corroboration, warning the jury, however, that they should accept with caution the testimony of one who was before them confessing his guilt. This charge raises the only question for our consideration. It has been held in this State that a thief is not an accomplice of the receiver in the crime of receiving stolen…
2Cases cited6 opinions
- People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1916
- People v. AmmonAppellate Division of the Supreme Court of the State of New York · 1904
- People v. WillardAppellate Division of the Supreme Court of the State of New York · 1913
- People v. . AmmonNew York Court of Appeals · 1904
- People v. AnstethNew York Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. EnlindAppellate Division of the Supreme Court of the State of New York · 1925