People v. MacDougall

Appellate Division of the Supreme Court of New York

People v. MacDougall

275 A.D.2d 1068

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1949

StatusPublished

This text of 275 A.D.2d 1068 (People v. MacDougall) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. MacDougall, 275 A.D.2d 1068 (N.Y. Ct. App. 1949).

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Opinion

Memorandum': We" find in the record evidence sufficient to justify submission to the jury of the question of' defendant’s guilt of the misdemeanor of fraudulently selling 'chattel mortgaged property in violation of section 940 of the Penal Law. We think, however,' that the learned Trial Judge failed to adequately instruct the jury on the question- of defendant’s criminal intent. The jury might well have- been told that <( An honest and reasonable belief in the existence of circumstances which, - if "true, would make the act for which the defendant is prosecuted innocent, would be-a good defense.” (People ex rel. Negeman v. Corrigan, 195 N.Y. 1, 12.) In our opinion, the interests of justice will be best served by granting the defendant a new trial. All concur. - (The, judgment- convicts defendant'of'the crime of fraudu-lently disposing of mortgaged property.) Present — Taylor, P. J., McCurn, Love, Vaughan and Piper, JJ.'

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Memorandum': We" find in the record evidence sufficient to justify submission to the jury of the question of' defendant’s guilt of the misdemeanor of fraudulently selling 'chattel mortgaged property in violation of section 940 of the Penal Law. We think, however,' that the learned Trial Judge failed to adequately instruct the jury on the question- of defendant’s criminal intent. The jury might well have- been told that <( An honest and reasonable belief in the existence of circumstances which, - if "true, would make the act for which the defendant is prosecuted innocent, would be-a good defense.” (People ex rel. Negeman v. Corrigan, 195 N.Y. 1, 12.) In our opinion, the interests of justice will be best served by granting the defendant a new trial. All concur. - (The, judgment- convicts defendant'of'the crime of fraudu-lently disposing of mortgaged property.) Present — Taylor, P. J., McCurn, Love, Vaughan and Piper, JJ.'

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275 A.D.2d 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-macdougall-nyappdiv-1949.

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