Legal Opinion

People v. Huggins

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1906PublishedCited by 3 opinions

Appeal by the defendant, William T. Huggins, from a judgment of the County Court of Delaware county in favor' of the plaintiff, entered in the office of the clerk of said county on the 17th day of August, 1905, affirming a judgment of conviction rendered by a justice of the peace át a Court of Special Sessions.

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Appeal by the defendant, William T. Huggins, from a judgment of the County Court of Delaware county in favor' of the plaintiff, entered in the office of the clerk of said county on the 17th day of August, 1905, affirming a judgment of conviction rendered by a justice of the peace át a Court of Special Sessions. The information charged the defendant with committing the ' crime of obtaining the sum of fifteen dollars by means of a fraudulent check or draft, by felonibusly, wrongfully, unlawfully, willfully, corruptly, falsely, maliciously and knowingly representing the check or draft as good…

1Opinion of the Court

Kellogg, J.:

The appellant contends that there is no such crime as obtaining money by fraudulent draft or by false representations; that even if there is such á crime it is not one of the. offenses of which, by section 56 of the Code of Criminal Procedure, a Court of Special Sessions has jurisdiction, arid that,, therefore, the conviction is void, and cites People v. Jeffery (38 N. Y. St. Repr. 313). The provisions *615of the Penal Code are not quite clear upon this subject, but when carefully considered, in view of the provisions of section 684 of the Code of Criminal Procedure, which provides,…

2Cases cited3 opinions

  1. People v. SeeleyAppellate Division of the Supreme Court of the State of New York · 1905
  2. People v. SeeleyAppellate Division of the Supreme Court of the State of New York · 1905
  3. People v. ShaverAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by3 opinions

  1. People v. PindarAppellate Division of the Supreme Court of the State of New York · 1913
  2. People v. ReissAppellate Division of the Supreme Court of the State of New York · 1906
  3. Trade Bank v. United States Fidelity & Guaranty Co.New York Supreme Court · 1927

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