Seiler v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court in the second judicial department, affirming a judgment of the court of General Sessions in and for the county of Kings, convicting the plaintiff in error of the crime of grand larceny. The plaintiff in error was indicted as a femme sole and pleaded to the indictment. The offence charged was the stealing of a piece of cloth from a store in the city of Brooklyn.
Read the full summary
Error to the General Term of the Supreme Court in the second judicial department, affirming a judgment of the court of General Sessions in and for the county of Kings, convicting the plaintiff in error of the crime of grand larceny. The plaintiff in error was indicted as a femme sole and pleaded to the indictment. The offence charged was the stealing of a piece of cloth from a store in the city of Brooklyn. It appeared that the prisoner was in company with another woman and two men, one of whom gave his name as Brown, the other Miller. The two women and Miller entered the store, while Brown…
1Opinion of the CourtFolger, J.
The proof of marriage was not conclusive and uncontradicted. There was testimony which, if relied upon by the jury, was enough to uphold a verdictdhat the plaintiff in error was married, and that the man who went by the name of Brown ivas her husband. But there was also testimony the other way. It consisted in her declaration that she was not his wife. She ivas indicted as a, femme sole, and pleaded, which ivas prima facie evidence that she was unmarried ; (Quinn’s Case, 1 Lewin, 1; Reg. v. Woodward, 8 C. & P., 561.) The volume of the testimony is the largest on the side of the marriage.…
2Cited by9 opinions
- State v. Ma FooSupreme Court of Missouri · 1892
- Goldstein v. . People of the State of N.Y.New York Court of Appeals · 1880
- State v. MillerSupreme Court of Missouri · 1905
- People v. . RylandNew York Court of Appeals · 1884
- Fagan v. FaganNew York Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.