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Clark v. People

32 N.Y. Sup. Ct. 314 Court N.Y. Gen. Term English

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p. 314
David Clark, Plaintiff in Error v. The People of the State of New York, Defendants in Error.

Conviction and judgment reversed and new trial ordered in the Court of Sessions of Jefferson county, to which court the proceedings are remitted. Held, that the indictment is sufficient, but there is no satisfactory evidence that the goods alleged to have been stolen were found in the prisoner’s possession, there being no proof that he occupied the upper chamber in which the goods were found by the officer, or that he had access to it.