People v. . Munroe
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered May 29, 1907, affirming a judgment of the Albany County Court rendered upon a verdict convicting the defendant of the crime of robbery in the first degree.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered May 29, 1907, affirming a judgment of the Albany County Court rendered upon a verdict convicting the defendant of the crime of robbery in the first degree. The indictment reads as follows: “ The grand jury of the County of Albany, by this indictment, accuse George E. Munroe and William Barry of the crime of robbery in the first degree, committed as follows: The said George E. Munroe, on the 16th day of August, 1906, at the city of Albany, in this county, with' force and arms, the said…
1Opinion of the CourtEdward T. Bartlett, J.
The single question presented by this appeal is whether the verdict against the defendant Munroe can stand, his accomplice, Barry, having been acquitted. The indictment charges the crime of robbery in the first degree f that Barry was the accomplice of Monroe; also that Munroe was the accomplice of Barry. Section 228 of the Penal Code defines the crime as committed by a person: “ 1. Being armed, with a dangerous weapon; or 2, Being aided by an accomplice actually present.” Subdivision 3 has no application to the case at bar. The indictment was drawn under subdivision 2.
The complainant,…
2Cases cited1 opinion
- People v. MassettNew York Supreme Court · 1889
3Cited by34 opinions
- People v. . CohenNew York Court of Appeals · 1918
- People v. PignataroNew York Court of Appeals · 1934
- People v. De Sisto, New York County Courts1961
- People v. DercoleAppellate Division of the Supreme Court of the State of New York · 1980
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 1977
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