People v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur B. Baker, from a judgment of the County Court of Niagara county, in favor of the plaintiff, rendered on the 14th day of June, 1897, and entered in the office of the clerk of the county of Niagara, upon the Verdict of a jury convicting the defendant of the crimes of burglary in the third degree and grand larceny in the second degree, and also from an order denying the defendant’s motion for a new trial.
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Appeal by the defendant, Arthur B. Baker, from a judgment of the County Court of Niagara county, in favor of the plaintiff, rendered on the 14th day of June, 1897, and entered in the office of the clerk of the county of Niagara, upon the Verdict of a jury convicting the defendant of the crimes of burglary in the third degree and grand larceny in the second degree, and also from an order denying the defendant’s motion for a new trial. Among the grounds of the motion for a new trial was, as the defendant claimed, the existence of newly-discovered evidence. The defendant was indicted in…
1Opinion of the Court
Ward, J.:
The complainant Thompson and the defendant Baker, at the time of the commission of the offense charged upon the defendant, were ■ farmers in the town- of Cambria, Niagara county, occupying adjoining premises, their houses being about 150 rods apart. The complainant’s and the defendant’s orchards upon their respective farms were separated by a line fence. In the forepart of the month of November, 1896, Thompson’s barn was entered in the night, his granary broken open and about 180 bushels of oats taken therefrom of the value of from 20 to 21 cents per bushel. The principal witnesses…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- People v. . EverhardtNew York Court of Appeals · 1887
- People v. TerwilligerNew York Supreme Court · 1893
- Dillingham v. FlackNew York Supreme Court · 1892
3Cited by6 opinions
- Ryal v. StateCourt of Criminal Appeals of Oklahoma · 1919
- People v. JonesNew York Supreme Court · 1909
- In re McManusNew York Surrogate's Court · 1901
- People v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1900
- Wetherington v. NC Dep't of Pub. SafetyCourt of Appeals of North Carolina · 2020
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