People v. Smith — 217 N.Y. 694

Majority

p. 694

The People of the State of New York, Respondent, v. Frank L. Smith, Appellant.

Headnote

People v. Smith, 171 App. Div. —, affirmed.

(Argued March 6, 1916;

decided March 21, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 8, 1915, which affirmed a judgment of the Chautauqua County Court rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree and also affirmed an order of said court overruling a demurrer to the indictment.

Herman J. Westwood for appellant.

William S. Stearns for respondent.

Judgment of conviction affirmed; no opinion.

Concur: Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ.; Willard Bartlett, Ch. J., concurs solely on the authority of People v. Lammerts ( 164 N. Y. 137 ). Were it not for that decision he should deem the indictment fatally defective.