2 Johns. 477
Decided November 15, 1807
New York Supreme Court · decided 1807-11-15
The prisoner was indicted and convicted of felony at the sessions in Washington county, for stealing a horse. On the trial, it appeared, that the original taking of the horse was in the state of Vermont, but that the prisoner was apprehended in Washington county, with the horse in his possession. The question was submitted to the court, whether the prisoner could be tried and punished in this state for the felony.
Good law ✅— No negative treatment on recordhow we know
Decided 1807-11-15
Cited by 9 later decisions — most recently June 1911
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We are of opinion, that the prisoner cannot be tried for this offence in this state. When the original taking is out of the jurisdiction of this state, the offence does not continue and accompany the possession of the thing stolen, as it does in the case where a thing is stolen in one county, and the thief is found with the property in another county.
¶2 See contra, Tyng's Rep. (Mass.) v. 2. p. 14. the Commonwealth v. Andrews.