Legal Opinion

People v. . Tompkins

New York Court of Appeals

Decided November 27, 1906PublishedCited by 17 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1906, which affirmed an order of the Court of General Sessions of the Peace of the city of New York, arresting judgment against the defendant upon a verdict convicting him of the crime of grand larceny in the first degree. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1906, which affirmed an order of the Court of General Sessions of the Peace of the city of New York, arresting judgment against the defendant upon a verdict convicting him of the crime of grand larceny in the first degree. The facts, so far as material, are stated in the opinion. The decision in McCord v. People (46 N. Y. 470) has legalized swindling in New York in all cases where the victim is in anywise in the wrong. People v. Livingstone, 47 App. Div. 283.) The doctrine of…

1Per curiam

The defendant was convicted of the crime of grand larceny in the first degree, under an indictment charging the crime, first, by specifying in detail the trick, device or pretense by means of which it was consummated, and, second, in the usual common-law form. The substance of the allegation of the first count of the indictment is that the defendant, and others associated with him, induced one Felix to part with the sum of $50,000 upon the false representation that the defendant, as an employee of the Western Hnion Telegraph Company, had the means for obtaining advance information as to the…

2Cases cited4 opinions

  1. McCord v. . the PeopleNew York Court of Appeals · 1871
  2. Peck v. Schenectady Railway Co.New York Court of Appeals · 1902
  3. People v. StetsonNew York Supreme Court · 1848
  4. People v. CloughNew York Supreme Court · 1837

3Cited by17 opinions

  1. State ex rel. Pitts v. Nashville Baseball ClubTennessee Supreme Court · 1912
  2. State v. MellenbergerOregon Supreme Court · 1939
  3. United States v. Jorge CortesCourt of Appeals for the Ninth Circuit · 2014
  4. State v. MatthewsTennessee Supreme Court · 1920
  5. United States v. Harry Levine BensonCourt of Appeals for the Second Circuit · 1977

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