Legal Opinion

The People v. . Crapo

New York Court of Appeals

Decided February 18, 1879PublishedCited by 69 opinions

Error to the General Term of the Supreme Court, in the fourth judicial department, to review an order reversing judgment of the Court of Oyer and Terminer in and for the the county of Oneida, entered upon a verdict convicting defendant in error of the crimes of burglary and larceny. The facts appear sufficiently in the opinion. The confession of the prisoner was properly received in evidence. (2 Russ., 844; 1 Whart. Cr.

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Error to the General Term of the Supreme Court, in the fourth judicial department, to review an order reversing judgment of the Court of Oyer and Terminer in and for the the county of Oneida, entered upon a verdict convicting defendant in error of the crimes of burglary and larceny. The facts appear sufficiently in the opinion. The confession of the prisoner was properly received in evidence. (2 Russ., 844; 1 Whart. Cr. L., §.692 ; Wentz v. People, 37 N. Y., 303; Jefferds v. People, 5 Park., 522; Comm. v. Knapp, 10 Pick., 477.) The question to the prisoner, on cross-examination, as to whether…

1Opinion of the Court

Church, Ch. J.

The-defendant in error was convicted at a court of sessions in Jefferson' county, of burglary and larceny for breaking into an outbuilding, and stealing therefrom about six bushels of wheat. The General Term reversed the conviction for an error in rejecting evidence offered by the prisoner, and an error in allowing evidence, against the prisoner’s objection. The proof on the part of the prosecution was mainly circumstantial. A material circumstance relied upon Avas that a small quantity of wheat of the species of that stolen Avas found in the pocket of the prisoner by a police…

2Cases cited2 opinions

  1. Brandon v. . the PeopleNew York Court of Appeals · 1870
  2. The People v. . GayNew York Court of Appeals · 1852

3Cited by69 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. People v. MalkinNew York Court of Appeals · 1928
  3. People v. . CasconeNew York Court of Appeals · 1906
  4. People v. GotshallMichigan Supreme Court · 1900
  5. People v. Noelke & MarksNew York Court of Appeals · 1883

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