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been wrongfully appropriated by the defendant were claimed by her to have been purchased out of the funds of a partnership existing between her and the claimant), to allow the People to put in evidence, over the objection of

an action brought by the defendant against the complainant for the purpose of an accounting and of dissolving the partnership, which judgment decided that there never had been a partnership between the complainant and the defendant. People v. Leland, 73 Hun, 162.

Cocheron v. State, 86 Ala. 64: 11 Am. St. Rep. 18; Matter of McFarland, 59 Hun, 306; People v. Sherman, 6 N. Y. Supp. 782; People v. Evans, 69 Hun, 222; People v. Laurence, 137 N. Y. 518; People v. Sherman, 133 id. 349; People v. Gottschalk, 66 Hun, 67; the defendant, the judgment roll in People v. Bosworth, 64 id. 77; People v. Pscherhofer, Id. 484; People v. Smith, 86 id. 488; People v. Hurlburt, 92 id. 46; People v. Hughes, 91 id. 354; People v. Wells, 89 id. 96; People v. Sherman, .0 N. Y. Cr. Rep. 53; People v. Dorthy, 20 App. Div. 309; People v. Lovejoy, 37 id. 55; People v. Gaynor, 33 id. 102; Moss v. Cohen, 158 N. Y. 240; People v. Hazard, 28 App. Div. 304; George v. Johnson, 25 id. 127; People v. Hendrickson, 12 N. Y. Cr. Rep. 321; People v. Moran, 43 App. Div. 155; People v. Livingston, 47 id. 284; People v. Mitchell, 49 id. 531; 14 N. Y. Cr Rep. 539; Matter of Dempsey, 32 Misc. Rep. 179; People v. Lammerts, 164 N. Y. 142.

In Reg. v. Ashwell, 15 Cox Cr. Cas. 1; 37 Eng. Rep. 767; 7 Crim. L. Mag. 485; 16 Q. B. Div. 190; 33 Alb. L. J. 68, the prisoner asked one K. to lend him a shilling, and K. gave him what he supposed to be a shilling, but which was in fact a sovereign. The prisoner changed the sovereign, kept the change, and when told by K. of the mistake, denied the receipt of the sovereign, but afterwards admitted that he had the sovereign and had spent half the money. Held, larceny. When a note is only effective in case a title to land is accepted which the payee was not bound to give, nor the maker to take, it is not the subject of larceny. People v. Hall, 74 Hun 96.

It is an error which calls for the reversal of a judgment of conviction rendered upon the trial of a person under an indictment for larceny (where the articles alleged to have

$529. Sieling v. Clark, 18 Misc. Rep. 565.

§ 530. People v. Pscherhofer, 64 Hun, 484; People v. Moran, 43 App. Div. 155.

568.

531. People v. Lytle, 7 App. Div.

§ 534. People v. Kerns, 7 App. Div. 539.

545. People v. Peckens, 153 N. Y. 591.

§ 550. People v. Connor, 141 N. Y. 583; People v. Schooley, 149 id. 99; 12 N. Y. Cr. Rep. 20; People v. McClure, 148 N. Y. 95; People v. Kerns, 7 App. Div. 539; People v. Lytle, Id. 568; 12 N. Y. Cr. Rep. 20; People v. Wilson, 151 N. Y. 403; 12 N. Y. Cr. Rep. 116; People v. Ray, 36 App. Div. 390; People v. Fletcher, 44 id. 199; People v. Hartwell, 166 N. Y. 361.

§ 552. People v. Barondess, 133 N. Y. 640; 61 Hun, 571; 8 N. Y. Cr. Rep. 234; People v. Gardner, 73 Hun, 68; 144 N. Y. 119.

§ 554. People v. Hughes, 137 N. Y. 29.

$558. People v. Eichler, 75 Hun, 26. § 562. Hodecker v. Stickler, 20 App. Div. 245; People v. Helmer, 154 N. Y. 596; 12 N. Y. Cr. Rep. 134.

§ 571. People v. Durante, 19 App. Div. 292; 12 N. Y. Cr. Rep. 318.

577b. Madden v. Underwriting Pub. Co., 10 Misc. Rep. 28.

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577d. Gough v. Davis, 24 Misc. 684. Rep. 246.

§ 579. People v. Spiegel, 75 Hun, 162; People v. Vaughan, 19 Misc. Rep. 298; 11 N. Y. Cr. Pep. 388.

586. Shaffer v. Martin, 25 App. Div. 508.

§ 592. People v. Helmer, 154 N. Y. 596; 13 N. Y. Cr. Rep. 1.

$ 615, 616. People ex rel. Tyroler v. Warden, 157 N. Y. 116; 68 Am. St. Rep. 763, rev'g 26 App. Div. 231.

Subd 11. See Highway Law, §155, Mullen v. Village of Glens Falls, 11 App. Div. 279; Mason v. West, 31 Misc. Rep. 587.

- Subd. 15. People v. 57 App. Div. 454.

McLaughlin,

646. People v. Upton, 29 State Rep'r, 777.

§ 652. Fisher v. Village of Cambridge, 133 N. Y. 527; Lechner v. Village of Newark, 19 Misc. Rep. 454;

§ 618. People ex rel. Tyroler v. People v. Meyer, 26 id. 118; 14 N. Y. Warden, 26 App. Div. 231. Cr. Rep. 57; Fuller v. Redding, 16

§ 629. First Nat. Bank v. Dean, 17 Misc. Rep. 636. N. Y. Supp. 376.

§ 633. Burnham v. Cape Vincent Seed Co., 142 N. Y. 169; First Nat. Bank v. New York, etc., 85 Hun, 165. § 637. People v. Fanshawe, 137 N. Y. 75.

§ 639. See Hewitt v. Newburger, 141 N. Y. 538. In this section the word "willfully" means not simply a voluntary and intentional act, which is in fact wrongful, but one done with a wrongful purpose with a design to injure another, or from mere wantonness or lawlessness. Wass v. Stephens, 128 N. Y. 123.

§ 640, subd. 8. Proof that defendant dragged his rakes for a long distance over ground which had been planted with oysters, and that such act must necessarily disturb them, is sufficient to warrant a conviction; it is not necessary that any of the witnesses should have seen an oyster disturbed. People v. Decker, 32 State Rep'r, 956; 10 N. Y. Supp. 676.

The admission of the evidence of expert witnesses that rakes rigged in the manner defendant's were would disturb oysters, is not prejudical to defendant, where he admits that his rakes would go to the bottom and disturb oysters if any were there. Id.

644. See People v. Christy, 65 Hun, 350; Hewitt v. Newburger, 141 N. Y. 538; Prignitz v. McTiernan, 18 Misc. Rep. 652; People v. Knatt, 156 N. Y. 302; 13 N Y. Cr Rep. 102.

In People v. Kane, 142 N. Y. 366, these facts appeared: D. unlawfully placed a boat upon a pond owned by K.; he refused to remove it when required to do so by K., and several times, when the latter took it out of the water, he replaced it, and finally chained it to a tree to prevent further removal. Defendants, acting under instructions of K. to protect his possession from the trespass for which the boat was brought to the pond and used, and acting under advice of counsel, openly and without concealment took the boat from the water and broke it up. Held, that the evidence did not warrant a verdict against defendants, and the denial of a motion to set aside such a verdict was error; that the destruction of the boat, the instrument with which a persistent, repeated and defiant trespass had been perpetrated, was justifiable.

There must be proved an unlawful as well as a willful destruction of property. People v. Kane, 131 N. Y. 111.

654a. Lechner v. Village of Newark, 19 Misc. Rep. 455.

§ 655. People v. Theobald, 92 Hun, 183.

§ 656. Sahr v. Scholle, 89 Hun, 43. $ 660. People v. Knatt, 156 N. Y. 302; 13 N. Y. Cr. Rep. 92.

§ 668. Fox v. Mohawk, etc., So ciety, 20 Misc. Rep. 467; 25 App. Div. 30.

§ 672. People v. King, 12 N. Y. Cr. Rep. 240; 19 Misc. Rep. 98: People v. Stock, 21 id. 147; 12 N. Y. Cr. Rep. 420; People v. Coombs, 158 N. Y. 533; 14 N. Y. Cr. Rep. 17; People v. Klipfel, 160 N. Y. 376.

702. People v. Hughes, 137 N.

Y. 29.

§ 704. People v. Hughes, 137 N. Y. 29; People ex rel. Gately v. Sage, 17 Misc. Rep. 713; reversed, 13 App. Div. 136.

§ 710. People v. Hawker, 14 App. Div. 191; People v. Dorthy, 20 id. 318.

§ 713. People ex rel. Cronin v. Carpenter, 25 Misc. Rep. 341.

§ 714. People v. Bosworth, 64 Hun, 80; People v. Sebring, 14 Misc. Rep. 33; People v. Ledwon. 15 id. 285; People v. Sullivan, 34 App. Div. 547; 13 N. Y. Cr. Rep. 380; Irwin v.

§ 675. Reynolds v. Everett, 67 Metropolitan St. Ry. Co., 25 Misc. Hun, 304.

$ 677. People v. Christy, 65 Hun, 350.

Rep. 193.

§ 715. People v. Wood, 126 N. Y. 249; People v. Lewis, 16 N. Y. Supp.

§ 682. People v. Clark, 8 N. Y. Cr. 881; People v. Bosworth, 64 Hun. 80;

Rep. 107.

68.

Dill v. People, 19 Colo. 469; 41 Am.

§ 685. People v. Gardner, 73 Hun, St. Rep. 261.

§ 718, subd. 3. People v. Stark, 36

§ 686, subd. 2. People v. O'Con- State Rep'r, 154; Anderson v. How, nell, 60 Hun, 109.

§ 688. People v. Bosworth, 64 Hun, 80; Matter of Kenny, 23 Misc. Rep. 13; People v. Sickles, 156 N. Y. 541; 13 N. Y. Cr. Rep. 277; People v. Reilly, 14 id. 458; 49 App. Div. 222; affd., 164 N. Y. 218.

§ 690. See 43 L. R. A. 94; 34 id. 398; 16 id. 256; 27 Misc. Rep. 19; 13 N. Y. Cr. Rep. 429.

§ 698. People ex rel. Olcott v. House of Refuge, 22 App. Div. 254.

$ 700. People ex rel. Duntz v. Coon, 51 State Rep'r, 344; 67 Hun, 525.

116 N. Y. 341; People v. Camp, 51 State Rep'r, 34; 66 Hun, 535.

- Subd. 15. People v. Christy, 65 Hun, 351; 8 N. Y. Cr. Rep. 483; People v. Lovejoy, 37 App. Div. 55. § 719. People v. England, 91 Hun, 152.

§ 720. Reynolds v. Everet, 67 Hun, 305.

§ 725. People ex rel. Shortell v. Markell, 20 Misc. Rep. 154.

§ 726. People v. Moran, 123 N. Y. 254; 8 N. Y. Cr. Rep. 106.

§ 728. People v. Koenig, 9 App. Div. 438.

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prosecutor cannot show that other girls visited abductor's room.

282

dressing girl in short clothes and braiding her hair for inspection by

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by consent of mother before "quickening" no crime at common law, 190
degree of crime...

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medical expert cannot give opinion founded partly on such statement, 294
death resulting in another county

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