Majority
p. 865(January 16, 1941.) The People of the State of New York ex rel. Chester W. Carr, Appellant, v. Dr. Walter B. Martin, as Warden of Clinton Prison, Dannemora, N. Y., Respondent.
Appeal by relator from an order denying his application to be released on the return of a writ of habeas corpus. It appears that he was convicted of the crime of grand larceny for having stolen two rings from his wife. A husband may not be convicted for larceny from his wife. (Caplan v. Caplan, 268 N. Y. 445 ; Allen v. Allen, 246 id. 571 ; Schultz v. Schultz, 89 id. 644.) Order reversed, writ sustained and prisoner discharged, with fifty dollars costs and disbursements. Hill, P. J., Bliss, Heffeman, Schenek and Foster, JJ., concur.
Cases cited
- Caplan v. Caplan 268 N. Y. 445 p. 865