People v. Morton

Defendant was indicted for grand larceny, second degree, in that he stole $350 from Katherine Morton. On inspection of the grand jury minutes, it appeared that com*414plainaht was defendant’s wife. The County Court thereupon granted defendant’s motion to dismiss the indictment on the ground that a husband may not be convicted of larceny of the property of his wife. In my opinion, the determination of the County Court was erroneous.

The question under consideration has not been passed upon by the Court of Appeals. While a passing reference to the problem was made in People ex rel. Carr v. Martin…