People ex rel. Fish v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by The People of the State of New York from an order of the Criminal Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 5th day of July, 1916, sustaining a writ of habeas corpus and dismissing an indictment against the relator, filed in the Court of General Sessions of the Peace in and for the County of Mew York and discharging the relator from custody.
1Opinion of the Court
Laughlin, J.:
I am of opinion that the crime with which the defendant was charged in the former indictment is not the same as that with which he is charged in the second indictment.
The first indictment charged that one Gertrude Gutman, an employee of the copartnership firm of Moses Gutman & Son, falsely, unlawfully and corruptly altered and erased the account showing that the firm was indebted to the- defendant; and it charged the defendant with having been feloniously concerned “ in the commission of the said crime and felony by the said Gertrude Gutman,” and that he aided and abetted her in…
2Cases cited1 opinion
- People v. FishAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by3 opinions
- People v. De Sisto, New York County Courts1961
- People ex rel. Jimerson v. FreibergNew York Supreme Court · 1930
- People v. BarrowNew York Supreme Court · 1964