People v. Sands

Appellate Division of the Supreme Court of New York

People v. Sands

61 N.Y.S. 1144

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

DecidedDecember 5, 1899

StatusPublished

This text of 61 N.Y.S. 1144 (People v. Sands) 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.

Bluebook

People v. Sands, 61 N.Y.S. 1144 (N.Y. Ct. App. 1899).

Pincite

Opinion

PER CURIAM.

The indictment is fatally defective, in failing to aver the intention of the •defendant, which is the essence of his criminality, to wit, either to deprive or defraud the true ■owner of his property, or the use or benefit thereof, or to appropriate it to the use of the taker or some other person. Judgment of conviction reversed, and defendant .discharged, unless, at the next term of court, a new indictment is found by the grand jury. The prosecution is given leave to apply to such court for the ■privilege of resubmitting the case.

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PER CURIAM.

The indictment is fatally defective, in failing to aver the intention of the •defendant, which is the essence of his criminality, to wit, either to deprive or defraud the true ■owner of his property, or the use or benefit thereof, or to appropriate it to the use of the taker or some other person. Judgment of conviction reversed, and defendant .discharged, unless, at the next term of court, a new indictment is found by the grand jury. The prosecution is given leave to apply to such court for the ■privilege of resubmitting the case.

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Bluebook (online)

61 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sands-nyappdiv-1899.