Knickerbocker v. . the People
New York Court of Appeals
Error from the Supreme Court, in the fourth judicial district, where the judgment of the Saratoga County Sessions, convicting the plaintiff in error of burglary, was affirmed..
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Error from the Supreme Court, in the fourth judicial district, where the judgment of the Saratoga County Sessions, convicting the plaintiff in error of burglary, was affirmed.. It appeared on the trial that on the night of the 21st of October, 1867, the jewelry store of one West was broken open and; robbed of watches and jewelry to the amount of some $2,000. It also appeared that the prisoner, a watchmaker, had worked" for West; was familiar with his premises; and on the night in question was there until about half-past nine, when West closed his store. Prisoner lived with his mother, some…
1Opinion of the Court
By the Court—Peckham, J.
The request to charge does not seem to be based upon the evidence. Its terms imply that the watch was stolen, and that the only connection of the prisoner with it was its “ mere possession.” Whereas, he was at the place of the burglary on the night it occurred, and there was proof tending to show a false account as to how he came by the property, and nothing to contradict it; as on the assumption that it was stolen, his witness, Bellamy, through whom he must have claimed title, was confessedly guilty of forgery and perjury as to the bill of sale and the purchase of the…
2Cases cited2 opinions
- Shorter v. . the PeopleNew York Court of Appeals · 1849
- Russell v. South Britain SocietySupreme Court of Connecticut · 1833
3Cited by89 opinions
- Barnes v. United StatesSupreme Court of the United States · 1973
- People v. BaskervilleNew York Court of Appeals · 1983
- People v. . GalboNew York Court of Appeals · 1916
- McNamara v. HenkelSupreme Court of the United States · 1913
- Roberson v. StateSupreme Court of Florida · 1898
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