Hildebrand v. People
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 of the Peace, in and for the city and county of New York, entered upon a verdict convicting plaintiff in error of the crime of grand larceny.
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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 of the Peace, in and for the city and county of New York, entered upon a verdict convicting plaintiff in error of the crime of grand larceny. Upon the 25th day of September, 1874, William Rose, the prosecutor, stepped into a drinking saloon in New York, and going up to the bar, asked the plaintiff in error, Diedrich Hildebrand, who was bar-keeper, for a glass of soda water, which was furnished, after which, Rose handed him a fifty dollar…
1Opinion of the Court
Church, Ch. J.
The prosecutor handed the prisoner, who was a bar-tender in a saloon, a fifty dollar bill (greenback) to take ten cents out of it in payment for a glass of soda. The prisoner put down a few coppers upon the counter, and when asked for the change, he took the prosecutor by the neck and shoved him out doors, and kept the money.
The question is presented on behalf of the prisoner whether larceny can be predicated upon these facts. There was no trick, device or fraud in inducing the prosecutor to deliver the bill; but we must assume that the jury found, *396and the evidence was…
2Cases cited1 opinion
- The People v. . McDonaldNew York Court of Appeals · 1870
3Cited by7 opinions
- Hubbell v. City of ViroquaWisconsin Supreme Court · 1886
- People v. HigginsSupreme Court of Colorado · 1919
- Morson v. Town of GravesendNew York Supreme Court · 1895
- Clark v. MillerNew York Supreme Court · 1866
- Ham v. Mayor of New YorkThe Superior Court of New York City · 1874
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