Elkin v. . the People
New York Court of Appeals
Error to the Supreme Court. The plaintiff in error was indicted and convicted in the Hew York General Sessions, of a conspiracy to cause one Jacob Laube to be arrested for the crime of larceny. "It was averred in the indictment that in pursuance of the conspiracy, he caused and procured one Josephine Westendorff to appear before one of the police justices in Hew York, and complain of Laube for larceny, and falsely swear that Laube had stolen money from her.
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Error to the Supreme Court. The plaintiff in error was indicted and convicted in the Hew York General Sessions, of a conspiracy to cause one Jacob Laube to be arrested for the crime of larceny. "It was averred in the indictment that in pursuance of the conspiracy, he caused and procured one Josephine Westendorff to appear before one of the police justices in Hew York, and complain of Laube for larceny, and falsely swear that Laube had stolen money from her. The ‘naked record was taken by writ of error to the Supreme Court, and the convict there sought to reverse the judgment upon the alleged…
1Opinion of the CourtDavies, J.
The conspiracy was sought to be established, by the act of procuring Josephine to make the complaint and falsely to swear to the larceny committed. It is contended on behalf of the plaintiff that this state of facts shows that he has been guilty of the crime of subornation of perjury, and that the conspiracy, being only a misdemeanor, is merged in the higher crime of subornation of perjury, being a felony.
It is by no means clear that the crime of subornation of perjury has been committed by the plaintiff, even though he had done all that is alleged against him in the indictment. If, as is…
2Cited by10 opinions
- People v. TavorminaNew York Court of Appeals · 1931
- Imboden v. PeopleSupreme Court of Colorado · 1907
- People v. McKaneCourt Of Oyer And Terminer New York · 1894
- People v. WillisNew York Supreme Court · 1898
- People v. WiechersAppellate Division of the Supreme Court of the State of New York · 1904
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