People v. . Arnstein
New York Court of Appeals
Appeal by the defendant Arnstein from an order of the Supreme Court, Appellate Division, First Department, which reversed an order of the Court of General Sessions, New York City, sustaining demurrers to two indictments. The first indictment, containing two counts, charges' the defendant Arnstein and five others with the crime of grand larceny in the first degree.
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Appeal by the defendant Arnstein from an order of the Supreme Court, Appellate Division, First Department, which reversed an order of the Court of General Sessions, New York City, sustaining demurrers to two indictments. The first indictment, containing two counts, charges' the defendant Arnstein and five others with the crime of grand larceny in the first degree. The first count of the indictment? which is the part thereof demurred to, sets forth that the defendants on August 19, 1911, at the County of New York, entered into a conspiracy for the purpose of fraudulently dealing in certain…
1Opinion of the Court
CuDDEBACK, J. :
It is necessary to consider only the indictment charging fraud upon Shinks, which is perhaps the weaker one of the two.
The district attorney relies on section 1830, subdivision 1, of the Penal Law (Cons. Laws, ch. 10), which reads thus:
“ The following persons are liable to punishment within the State: (1) A person who commits within the State any crime, in whole or in part,” &c.
The theory of the district attorney is that the facts charged in the indictment constitute a crime under the laws of this State familiarly known as obtaining property by false pretenses, and the…
2Cases cited5 opinions
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Mowrey v. WalshNew York Supreme Court · 1828
- People v. StoneNew York Supreme Court · 1832
- People v. BotkinCalifornia Supreme Court · 1901
3Cited by11 opinions
- People v. ChapmanCalifornia Court of Appeal · 1921
- People v. MacDonaldCalifornia Court of Appeal · 1938
- People v. . ZayasNew York Court of Appeals · 1916
- State v. SheehanIdaho Supreme Court · 1921
- People v. Nerone, New York County Courts1962
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