Ormsby v. . People of the State of N.Y.
New York Court of Appeals
Ebeob 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 conviction of plaintiff in error of the crime of grand larceny. The offence charged was the stealing of an India shawl from the store of James HcCreery & Co., in the city of Hew York.
Read the full summary
Ebeob 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 conviction of plaintiff in error of the crime of grand larceny. The offence charged was the stealing of an India shawl from the store of James HcCreery & Co., in the city of Hew York. The prosecution claimed that the shawl was taken by a confederate of the prisoner; the latter being present and aiding and assisting. The. facts are sufficiently stated in the-opinion. In summing up, the…
1Opinion of the CourtGrover, J.
If the plaintiff in error was present aiding and assisting in the perpetration of the larceny, she is equally responsible therefor as her confederate, who actually took and carried away the shawl. (1 Chitty Cr. Law, 256; 1 Hale’s Pleas, 440; 1 Bishop’s Cr. Law, 5th ed., 648 ; 1 Wharton’s Cr. Law, 129.) To make the acts and declarations of the alleged confederate competent evidence against her, it must be proved prima fade, or such evidence given as to make the question one proper for the determination of the jury, that she had conspired with the confederate to commit the offence.…
2Cases cited2 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- Gordon v. . the PeopleNew York Court of Appeals · 1865
3Cited by14 opinions
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Stutsman v. the Territory of OklahomaSupreme Court of Oklahoma · 1898
- People v. DoyleNew York Court of General Session of the Peace · 1919
- State v. ParentoSupreme Judicial Court of Maine · 1938
9 more not listed; retrieve them via the Exa API.