Clark v. People
New York Supreme Court
Error from the Sullivan County Sessions. The prisoner was indicted for- obtaining property under false pretences, and tried at a Court of Sessions held in the said county on the 16th day of November, 1868, and found guilty.
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Error from the Sullivan County Sessions. The prisoner was indicted for- obtaining property under false pretences, and tried at a Court of Sessions held in the said county on the 16th day of November, 1868, and found guilty. The indictment charged that the prisoner, on the 28th day of May, 1867, at the town of Liberty in said county, “ unlawfully, knowingly, and designedly did, with the intent to cheat and defraud one Abel Gregory, Jr., then and there being, falsely pretend and represent to the said Abel Gregory, Jr., for the purpose of inducing the said Abel Gregory to part with a yoke of…
1Opinion of the Court
By the Court
Miller, P. J.
It is a rule of law, well settled, that in an indictment all the ingredients of the offence with which the defendant is charged, the facts, circumstances and intent constituting it, must be set forth with certainty and precision, without any repugnancy or inconsistency, and the defendant must be charged directly and positively with having committed the crime. (Ar. Cr. Pl., 25.) This principle, which is applicable to criminal pleading, dates back to the earliest history of the criminal law, and has not been relaxed by the adoption of the Code of Procedure, by which…
2Cases cited5 opinions
- People v. GatesNew York Supreme Court · 1835
- People v. KendallNew York Supreme Court · 1841
- People v. StetsonNew York Supreme Court · 1848
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
- Barber v. MorganNew York Supreme Court · 1867
3Cited by7 opinions
- People v. BryantCalifornia Supreme Court · 1898
- People v. JefferyNew York Supreme Court · 1894
- People v. SattlekauAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Himmelstein v. BakerAppellate Division of the Supreme Court of the State of New York · 1910
- People v. Elite Distributing Co., New York County Courts1912
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