Smith v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department to review judgment, affirming judgment of the Court of General Sessions in and for the city and county of Hew York, entered upon a verdict convicting plaintiff in error of the crime of grand larceny.
Read the full summary
Error to the General Term of the Supreme Court in the first judicial department to review judgment, affirming judgment of the Court of General Sessions in and for the city and county of Hew York, entered upon a verdict convicting plaintiff in error of the crime of grand larceny. Upon the 19th day of July, 1872, the plaintiff in error called upon one Sarah March and informed her that her husband, Charles March, was arrested and locked up on a charge of striking a man over the head with a chair, and that her husband had sent him to her to get some money, twelve dollars, and unless she sent it…
1Opinion of the CourtAllen, J.
The accused obtained the custody of the chattels and money of the prosecutor from his wife by a fraudulent device and trick, and for a special purpose, connected with the falsely represented necessities of the owner, with the felonious intent to appropriate the same to his own use. He did not pawn or pledge the goods, as he proposed to do, but did appropriate the same to his own use, in pursuance of the felonious intent with which he received them. This constitutes the crime of larceny. The owner did not part with the property in the chattels, or transfer the legal possession. The accused had…
2Cases cited3 opinions
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People v. . McDonaldNew York Court of Appeals · 1870
- Wilson v. . the PeopleNew York Court of Appeals · 1868
3Cited by39 opinions
- People v. . MillerNew York Court of Appeals · 1902
- Loomis v. . PeopleNew York Court of Appeals · 1876
- People v. . LaurenceNew York Court of Appeals · 1893
- People v. NoblettNew York Court of Appeals · 1927
- Graham v. United StatesCourt of Appeals for the D.C. Circuit · 1951
34 more not listed; retrieve them via the Exa API.