People Ex Rel. Loughlin v. Finn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 23, 1881, which affirmed an order of Special Term dismissing a writ of habeas corpus, and denying a motion made thereon to discharge the relator.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 23, 1881, which affirmed an order of Special Term dismissing a writ of habeas corpus, and denying a motion made thereon to discharge the relator. (Reported below, 26 Hun, 58.) The warrant of commitment under which the relator was held stated that he was convicted in the Court of Special Sessions in and for the county of Hew York, “ of the misdemeanor of petit larceny,” and it was ordered and adjudged by said court, that “ for the misdemeanor aforesaid,” it appearing that he is under the…
1Opinion of the CourtEarl, J.
The important question involved in this case is, whether the crime of petit larceny under the Constitution and laws of this State is. a felony or a misdemeanor. This question is not free from doubt, and the able brief presented on behalf of the appellant shows, that much can be said in favor of the contention that petit larceny remains now as at common law a felony. But a careful consideration of the whole subject has led us to the conclusion, that it is no longer a felony, in this State, but a mere misdemeanor triable and punishable as such. This conclusion we think is sanctioned by the…
2Cases cited2 opinions
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
3Cited by12 opinions
- People Ex Rel. Allen v. . HaganNew York Court of Appeals · 1902
- The People v. . LyonNew York Court of Appeals · 1885
- Kane v. LefkowitzAppellate Division of the Supreme Court of the State of New York · 1931
- In re BrownNew York Supreme Court · 1897
- People ex rel. Murray v. BeckerNew York Supreme Court · 1912
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