Justices of the Court v. People Ex Rel. Henderson
New York Court of Appeals
Appeal from a judgment of the general term of the first department of the Supreme Court, reversing a conviction of the relator of larceny by the Court of Special Sessions. The decision of the supreme court is reported ante, p. 76, where the points of counsel are given in full and the facts stated in the opinion delivered by Davis, P. J.
1Opinion of the CourtTracy, J.
—The $20 gold coin was entrusted to the relator for the single and specific purpose of having it changed into other money to be returned to the prosecutor. The relator had no propei'ty or interest in the coin, and the prosecutor never intended to part with his property therein. The relator left his restaurant with the coin under the pretense of obtaining change, and immediately gambled it away, and did not return. These facts warranted the jury in finding that, when he left the presence of the prosecutor, he took the coin with him with the intent to steal it. This, within all the authorities,…
2Cases cited3 opinions
- Loomis v. . PeopleNew York Court of Appeals · 1876
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
- Hildebrand v. . People of the State of N.Y.New York Court of Appeals · 1874
3Cited by17 opinions
- People v. . MillerNew York Court of Appeals · 1902
- Patterson Orchard Co. v. Southwest Arkansas Utilities Corp.Supreme Court of Arkansas · 1929
- Williams v. StateIndiana Supreme Court · 1905
- Williams v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1907
- State v. KeelenOregon Supreme Court · 1922
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