Legal Opinion

People v. . Kane

New York Court of Appeals

Decided February 9, 1892PublishedCited by 8 opinions

Appeal from judgment of the supreme court, general term, second department, affirming judgment of general, sessions of Suffolk county, convicting defendant of tihe crime of malicious mischief.

1Opinion of the CourtGray, J.

—The defendants were indicted and convicted under section 654 of the Penal Code, for the unlawful and willful destruction of property. The property destroyed was a row ¡boat belonging to one Davis. There was no dispute as to the will-. tful destruction of the property and it occurred under these circumstances. Its owner had placed it upon the waters of a mill pond, which was indisputably part of the property of one Edward Kane. Davis had been more than once notified by Kane that he must remove the boat; but he refused to do- so. Kane then caused it to be removed from the waters of his pond…

2Cases cited2 opinions

  1. Harrington v. PeopleNew York Supreme Court · 1849
  2. Filkins v. . PeopleNew York Court of Appeals · 1877

3Cited by8 opinions

  1. People v. . KaneNew York Court of Appeals · 1894
  2. Yeamans v. NicholsCity of New York Municipal Court · 1902
  3. Barnes v. HagarNew York Supreme Court · 1913
  4. Kessler v. HunterAppellate Division of the Supreme Court of the State of New York · 1968
  5. MacDonald v. Parama, Inc.Appellate Division of the Supreme Court of the State of New York · 1962

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