People v. Wiggins — 92 N.Y. 656

Majority

p. 656

The People of the State of New York, Respondent, v. Lizzie Ellen Wiggins, Appellant.

(Argued May 1, 1883;

decided May 11, 1883.)

Headnote

Mem. of decision below ( 28 Hun, 308 ).

' The defendant was indicted and convicted of grand larceny in stealing a pocket-book containing money from one Mrs. Curtis, who was not produced as a witness on the trial. Because of this, it was objected that the prisoner could not be convicted. The court here say:

“It was not necessary to call Mrs. Curtis as a witness. There was sufficient evidence that she was the person in Macy’s store; that, she owned the pocket-book, and that the defendant took it from her, against her will and without her consent, and for the purpose of stealing it.”

p. 657

Benjamin Steinhardt for appellant.

A. J. Requier for respondent.

reads mem. for affirmance.

All concur.

Judgment affirmed.