Smith v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department to review judgment of that court, affirming judgment of the Court of General Sessions of the Peace, in and for the county of Hew York, convicting plaintiff in error of the crime of obtaining goods under false pretences.
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Error to the General Term of the Supreme Court in the first judicial department to review judgment of that court, affirming judgment of the Court of General Sessions of the Peace, in and for the county of Hew York, convicting plaintiff in error of the crime of obtaining goods under false pretences. The plaintiff in error was tried and convicted in the Oourt of General Sessions at the April term, 1871, upon an indictment charging in substance, that with intent feloniously to cheat and defraud one Emil Stork, he knowingly and designedly falsely pretended and represented, that a certain…
1Opinion of the CourtGrover, J.
The principal point urged by the counsel for the plaintiff in error, was that the indictment does not set forth any offence within the statute. It sets out, in substance, that the plaintiff in error, with intent feloniously to cheat and defraud one Emil Stork, did knowingly, etc., represent to him that a certain instrument in writing for the payment of money, commonly called a bank check, which he then and there delivered to him, purporting to have been drawn by one Pr. Smith, upon the Ocean Bank of the city of New York, dated, etc., for the sum of $140, was a good and genuine check, and that…
2Cited by10 opinions
- People v. . PeckensNew York Court of Appeals · 1897
- The People v. . BorkNew York Court of Appeals · 1884
- State v. KeyesSupreme Court of Missouri · 1906
- Barton v. PeopleIllinois Supreme Court · 1890
- State v. TannerNew Mexico Supreme Court · 1917
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