People v. . Fitz-Gerald
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 15, 1909, which affirmed a judgment of the Court of General Sessions in the' county of.New York, rendered upon a verdict convicting the defendant of the crime of grand larceny in the second degree. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Willard Bartlett, J.:
The defendant, an attorney at law, collected from the city of Rew York the sum of $500 in settlement of an-action which he brought against the city in behalf of one Theresa Happel, as administratrix of her deceased child. Under an agreement with Mrs. Happel he was entitled to retain one-half of this sum as his compensation. The indictment, as amended, charged him with having feloniously appropriated the other half to his own use. The evidence was conflicting, but sufficed to sustain the conviction and the judgment must be affirmed, unless the - trial court erred in its…
2Cited by5 opinions
- Abrams v. Great American InsuranceNew York Court of Appeals · 1935
- People ex rel. Zotti v. FlynnAppellate Division of the Supreme Court of the State of New York · 1909
- People v. BestAppellate Division of the Supreme Court of the State of New York · 1938
- People v. WhitfieldAppellate Division of the Supreme Court of the State of New York · 1975
- People v. MayoNew York Court of Appeals · 1975