People v. Kerns
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant in each of the above-entitled actions from a judgment of conviction of the Court of Sessions of the county of Monroe, rendered on the 13th day of March, 1895, convicting him of the crime of grand larceny in the second degree, and of feloniously receiving stolen property, and also from an order entered in the office of the clerk of the county of Monroe on the 13th day of March, 1895, denying his motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant in each of the above-entitled actions from a judgment of conviction of the Court of Sessions of the county of Monroe, rendered on the 13th day of March, 1895, convicting him of the crime of grand larceny in the second degree, and of feloniously receiving stolen property, and also from an order entered in the office of the clerk of the county of Monroe on the 13th day of March, 1895, denying his motion for a new trial made upon the minutes. The appeals in these'cases are from two separate judgments of the Court of Sessions of Monroe county convicting the defendants, and…
1Opinion of the Court
Ward, J.:
These appeals were argued together and will be considered together. The case of the appellant Slattery discloses no error. The serious question which arises in the Kerns case was in no manner presented to the trial courts nor does any exception taken by that appellant bring any erroneous ruling before us.
The practice in criminal cases prior to our present system, under the Code of Criminal Procedure, permitted the joinder in an indictment of a count for larceny with a count for receiving stolen property, knowing it to be stolen. (People v. Baker, 3 Hill, 159; Hawker v. The People, 75…
2Cases cited11 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People v. . BuddNew York Court of Appeals · 1889
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- Polinsky v. . PeopleNew York Court of Appeals · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. . WilsonNew York Court of Appeals · 1897
- People v. CumminsAppellate Division of the Supreme Court of the State of New York · 1912
- People v. MunroeAppellate Division of the Supreme Court of the State of New York · 1907
- People v. McCueAppellate Division of the Supreme Court of the State of New York · 1903
- People v. McCueAppellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.