253 N.Y. 573
Decided April 8, 1930
New York Court of Appeals · decided 1930-04-08
Relies on People v. . Walker · People v. . Schleiman
Good law ✅— No negative treatment on recordhow we know
Decided 1930-04-08
Cited by 4 later decisions — most recently May 1966
4 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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¶1 Judgment of the Appellate Division and that of the trial court reversed and new trial ordered for the error of the trial judge in refusing to instruct the jury that the defendant might be found guilty of a lower degree of larceny than that charged in the indictment (Code Crim. Pro. § 444; People v. Walker, 198 N. Y. 329; People v. Schleiman, 197 N. Y. 383); no opinion.
¶2 Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.