People v. . Mitchell

Decided October 4, 1901

New York Court of Appeals · decided 1901-10-04

The defendant was indicted by the grand jury of Erie county for “ the crime of grand larceny in the second degree committed as follows, to wit: That the said James R. Mitchell did, on the 17th day of August, in the year 1899, at the city of Buffalo, in the county of Erie, become the bailee and agent of Elmer B. Allen, and as such bailee and agent then and there received into his possession, custody and control certain goods, chattels and personal property of the said Elmer…

Good law ✅— No negative treatment on recordhow we know

Decided 1901-10-04

How this case has been cited

Cited by 13 later decisions — most recently July 1969

13 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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Per Curiam.

¶1 We think the judgment appealed from should be affirmed for the reasons given by the learned Appellate Division in its opinion.

¶2 While it does not appear to have been of any importance in this case, it may be of great importance in some cases that the power to change the place of trial for convenience of witnesses, upon the application of the • defendant, should be conferred upon the proper court in all criminal actions where the indictment alleges that the crime was committed partly in one county and partly in another, or in any case arising under section 134 of the Code of Criminal Procedure. We, therefore,^dopt the suggestion to that effect made by Judge Cullen in his dissenting opinion.

¶3 The judgment of conviction should be affirmed.