Volume 40 — New York Criminal Reports

<p>Banking Law, section 172 — Carrying money to person in foreign COUNTRY.</p> <p>The taking of money given to an individual for the purpose of carrying and delivering it to another in a foreign country is not prohibited 'by section 172 of the Banking Law, forbidding the transmission of money or other valuables to foreign countries.</p>

<p>Appeal — Code Criminal Procedure, section 755, chapter 595, Laws 1922.</p> <p>Defendant failed to file and serve notice of appeal on the magistrate as required by section 755, Code Grim. Pro. Thereafter he moved for leave to file a supplemental specification of error in the appeal allowed 'at time of conviction, and for an extension of fiVe days, which was granted. The Court of General Sessions continued to exercise jurisdiction, although chapter 595 of 1922 had gone into effect. Held, that - inasmuch as the appeal was pending in the Court of General Sessions at the time that chapter 595 went into effect, the proceeding commenced under the provisions of a statute which this new law repealed may be continued in General Sessions, and should be returned to the trial magistrate.</p>

<p>(1) Trial — Evidence—Proof of offense distinct from that charged improper.</p> <p>Defendant was charged with disorderly conduct when complainant entered his apartment. On the trial complainant’s mother testified in full detail of an attack made on her several hours before in the absence of complainant, when she testified defendant had been guilty of indecent and outrageously insulting behavior to her. Held error; the admission of proof of another crime unrelated to the instant case is reversible error.</p> <p>(2) Same — Notifying defendant of his rights.</p> <p>Failure by the magistrate to comply with section 188, Code Crim. Pro., is not error in a proceeding of a summary character.</p>

<p>A motion to recall .the defendant from the Hew York County Penitentiary and to reconsider the sentence of the court.</p>

<p>(1) Disorderly person'' — Failure to support parent.</p> <p>Relator was a widow fifty-six years old. Defendant, her son, was one of nine children. Held, that while absolute destitution need not be shown, nevertheless proof must be adduced that the alleged person is without means of earning a livelihood and in want, due to neglect of those responsible for her support.</p> <p>•(2) Same.</p> <p>Merely to say that the prosecutrix is without property or income is not sufficient. The rule in these cases is that when one is unable to get the necessaries of life, then the presumption of the statute operates.</p>

<p>Appeal from judgment of Court of Special Sessions.</p>

<p>Conviction for incorrigibility: — When presumption against validity of COMMITMENT WILL NOT BE INDULGED.</p> <p>A police officer of the city of New York laid an information charging defendant, a girl nineteen years of age, with incorrigibility under section 1466 of the Consolidation Act (Laws of 1882, chap. 410) and the acts amendatory thereof and brought her before a city magistrate. Upon the trial she was adjudged willfully disobedient to her mother and in danger of becoming morally depraved because of her vicious habits and associations. Upon the affidavit of her mother, verified before a city magistrate, setting forth various acts of misconduct on the part of the defendant and ample proof that she was associating with vicious and dissolute persons, she was committed by the magistrate to the House of the Good Shepherd. Upon an appeal from the judgment of conviction and said commitment, the only court paper returned to the magistrate was a copy of the information. Held, that this court was not bound to assume that the arrest was made on a warrant but would assume that defendant was legally arraigned and the judgment of conviction and the order of commitment will be affirmed.</p>

Demurrer to indictment charging defendant with the crime of attempt to commit arson in the third degree.