People ex rel. Carr v. Martin

Appellate Division of the Supreme Court of New York

People ex rel. Carr v. Martin

261 A.D. 865, 24 N.Y.S.2d 729, 1941 N.Y. App. Div. LEXIS 7820

Appellate Division of the Supreme Court of the State of New York·Decided January 16, 1941·Published

Opinion

Appeal by relator from an order denying his application to be released on the return of a writ of habeas corpus. It appears that he was convicted of the crime of grand larceny for having stolen two rings from his wife. A husband may not be convicted for larceny from his wife. (Caplan v. Caplan, 268 N. Y. 445; Allen v. Allen, 246 id. 571; Schultz v. Schultz, 89 id. 644.) Order reversed, writ sustained and prisoner discharged, with fifty dollars costs and disbursements. Hill, P. J., Bliss, Heffeman, Schenek and Foster, JJ., concur.

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Appeal by relator from an order denying his application to be released on the return of a writ of habeas corpus. It appears that he was convicted of the crime of grand larceny for having stolen two rings from his wife. A husband may not be convicted for larceny from his wife. (Caplan v. Caplan, 268 N. Y. 445; Allen v. Allen, 246 id. 571; Schultz v. Schultz, 89 id. 644.) Order reversed, writ sustained and prisoner discharged, with fifty dollars costs and disbursements. Hill, P. J., Bliss, Heffeman, Schenek and Foster, JJ., concur.

People ex rel. Carr v. Martin, 261 A.D. 865, 24 N.Y.S.2d 729, 1941 N.Y. App. Div. LEXIS 7820 (N.Y. Ct. App. 1941).

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