People v. Peck
New York Supreme Court
Appeal from court of sessions, Albany county. Charles F. Peck and Elbert Rogers were indicted for the willful destruction and removal of public documents. From a judgment sustaining a demurrer to the indictment, the people appeal.
1Dissent
PUTFTAM, J.,
(dissenting.) By section 94 of the Penal Code, under which defendant was indicted, one who unlawfully removes, destroys, or conceals a record, paper, or document filed or deposited in a public office, or with any public officer, by authority of law, is punishable. Therefore, to hold defendant under the indictment, it must be determined that under chapter 356, Laws 1883, as amended by chapter 205, Laws 1886, the duty devolved upon him to file, preserve, and deliver over to his successor in office, the papers mentioned in the indictment as destroyed or concealed by him. It is not…
2Cases cited4 opinions
- Bouchaud v. DiasNew York Supreme Court · 1846
- Lamb v. StateCourt of Appeals of Maryland · 1887
- Smith v. LawrenceMichigan Supreme Court · 1864
- Dord v. PeopleNew York Supreme Court · 1851