Legal Opinion

People v. . Peckens

New York Court of Appeals

Decided October 5, 1897PublishedCited by 95 opinions

Appeal from a judgment of the appellate division, affirming the judgment convictingdefendant of the crime of larceny in the first degree, and affirming an order denying his motion for a new trial on the minutes of the trial judge. The appeal also brings up for review the decision of the court disallowing the defendant’s demurrer to the indictment.

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Appeal from a judgment of the appellate division, affirming the judgment convictingdefendant of the crime of larceny in the first degree, and affirming an order denying his motion for a new trial on the minutes of the trial judge. The appeal also brings up for review the decision of the court disallowing the defendant’s demurrer to the indictment. The defendant was indicted for the crime of grand larceny in the first degree, committed in violation of section 528 of the Penal Code. The indictment charged that on or about the 16th of September, 1895, at the city of Rochester, the defendant,…

1Opinion of the CourtMartin, J.

The appellant’s first claim is that the offense charged in the indictment was not properly tried, or properly triable, in the county of Ontario, because no criminal pretense or act of the defendant which formed a part of the crime was charged to have been made or committed within that county. The indictment charged that the defendant, two other persons named, and others whose names were unknown, entered into a general conspiracy for the commission of crimes of the character of that alleged to have been committed by the defendant; that subsequently, in the county of Ontario, and in pursuance…

2Cases cited17 opinions

  1. People v. . DumarNew York Court of Appeals · 1887
  2. People v. . McKaneNew York Court of Appeals · 1894
  3. People v. . McLaughlinNew York Court of Appeals · 1896
  4. Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
  5. People v. . EverhardtNew York Court of Appeals · 1887

12 more not listed; retrieve them via the Exa API.

3Cited by95 opinions

  1. People v. SchwartzmanNew York Court of Appeals · 1969
  2. People v. WerblowNew York Court of Appeals · 1925
  3. People v. McKinneyNew York Court of Appeals · 1969
  4. The Edward Barron Estate Co. v. the Woodruff Co.California Supreme Court · 1912
  5. People v. . MillsNew York Court of Appeals · 1904

90 more not listed; retrieve them via the Exa API.

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