People v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. William H. Smith, from a judgment of the Court of Oyer and Terminer of the county of Kings, rendered on the 27th day of February, 1895, upon the verdict of a jury convicting him of the crime of grand larceny in the first degree.
1Opinion of the Court
Willard Bartlett, J.:
This record leaves no doubt as to the immorality of the defendant’s conduct toward the complainant, whose affection he won and whose money he took, but it does give rise to a very serious question as to whether that conduct comes within the condemnation of the criminal law. He was not guilty of grand larceny, unless he received the complainant’s $1,500 for investment, and not merely as a loan; and the jury, by their verdict, must be deemed to have affirmed the proposition that the money was placed in the defendant’s hands upon his agreement to invest it in her behalf, and…
2Cited by4 opinions
- People v. WalkerNew York Court of General Session of the Peace · 1960
- People v. ClearyAppellate Division of the Supreme Court of the State of New York · 1916
- People v. SumnerAppellate Division of the Supreme Court of the State of New York · 1889
- People v. SumnerAppellate Division of the Supreme Court of the State of New York · 1898