Legal Opinion

Bork v. People

New York Supreme Court

Decided April 15, 1882Published

Writ of certiorari to review the conviction; of the defendant, Joseph Bork, in the court of Oyer and Terminer of Erie County, Hon. Charles Daniels presiding, June 13, 1881 (on an indictment found-November, 1877), of peculation by fraudulently converting, obtaining, and disposing of certain bonds of the city of Buffalo.

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Writ of certiorari to review the conviction; of the defendant, Joseph Bork, in the court of Oyer and Terminer of Erie County, Hon. Charles Daniels presiding, June 13, 1881 (on an indictment found-November, 1877), of peculation by fraudulently converting, obtaining, and disposing of certain bonds of the city of Buffalo. The defendant was convicted under what is known as the “ Tweed Act ”—“ An Act to provide more effectually for the punishment of peculation and other wrongs affecting public moneys and rights of property.” L. 1875,. ch. 19. The indictment under which- the defendant was…

1Opinion of the CourtHardin, J.

Under chapter 19 of the Laws of 1875 the plaintiff in error was indicted, tried and found guilty. That statute is entitled, “ An act to provide more effectually for the punishment of peculation and other wrongs affecting public moneys and rights of property.”

Section one declares u every person who with intent to defraud shall wrongfully obtain, receive, convert, pay out or *376dispose of . . . or in any other manner or way whatever shall. aid or abet any other in wrongfully obtaining, receiving, converting, paying ,out or disposing of any money, funds, credits or property, held or owned by this…

2Cases cited3 opinions

  1. Phelps v. . PeopleNew York Court of Appeals · 1878
  2. Wood v. . People of the State of N.Y.New York Court of Appeals · 1873
  3. United States v. MoultonU.S. Circuit Court for the District of Massachusetts · 1830

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