People v. Smith
New York Supreme Court
CERTIORARI to the general sessions of Wayne county, to remove a conviction for grand larceny. . The defendant was indicted in the Wayne county oyer and terminer, on the 9th day of Hovember, 1868. The indictment contained four counts, charging, 1st. Grand larceny, in taking, &c., at the town of Galen, in said county, on the 28th day of June, 1868, one watch with a gold case, one hair watch chain with gold clasp, of the value of $70, the property of one Joseph Stone. 2d.
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CERTIORARI to the general sessions of Wayne county, to remove a conviction for grand larceny. . The defendant was indicted in the Wayne county oyer and terminer, on the 9th day of Hovember, 1868. The indictment contained four counts, charging, 1st. Grand larceny, in taking, &c., at the town of Galen, in said county, on the 28th day of June, 1868, one watch with a gold case, one hair watch chain with gold clasp, of the value of $70, the property of one Joseph Stone. 2d. For grand larceny, at the same time and place, in taking, &c., one watch with a gold case, of the same value, and one hair…
1Opinion of the Court
By the Gourt, Johnson, P. J.
The motion made by the defendant’s counsel, when the people rested, and renewed at the close of the testimony in the case, was properly denied, in each ease. The substantial 'ground of the ob*55jection on each occasion was, that if the defendant was guilty of the larceny charged in the indictment, it was committed in connection with a burglary in which the larceny was merged, and that in such a case, there could be no indictment and conviction for the larceny as a separate and distinct offense. But there is no such rule. There is no merger, in such a case, which is…
2Cases cited1 opinion
- People v. M'GowanNew York Supreme Court · 1837
3Cited by8 opinions
- People v. SnyderNew York Court of Appeals · 1925
- State v. SetterSupreme Court of Connecticut · 1889
- People v. Savarese, New York County Courts1952
- People v. De Sisto, New York County Courts1961
- People v. SteinAppellate Division of the Supreme Court of the State of New York · 1903
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