People v. Morrison

Headnote

The carrying of a watch about the person of a defendant in an execution, and a refusal by him to deliver it to the officer, is not an offence within the meaning of the statute declaring the secreting of property, so as to prevent its being made liable lor the payment of debts, a misdemeanor•

The defendant was convicted, by a court of speeded sessions, of the offence of secreting his property with the intent to defraud Ids creditors, on a prosecution commenced under the 26 § of the “ act to abolish imprisonment for debt and to punish fraudulent debtors.” Statutes, ses. of 1831, p. 396. The evidence upon which he was convicted was the following : A judgment was obtained against him in justice's court for $30, upon which an execution was issued and and delivered to a constable, who called upon the defendant, and finding no property upon which he'could levy, and observing a watch in the watch pocket of the defendant, he asked the defendant if he had not a watch; who answered that he had a watch, which he had bought and for which he had given his note for $18. The constable thereupon demanded the watch, and told the defendant if he refused to deliver it to him, he would be guilty of a misdemeanor. The defendant refused to deliver the watch to the constable, and upon this evidence he was convicted and sentenced to pay a fine of $25. ^he defendant sued out a certiorari.

for the defendant, insisted that the refusal to deliver the watch to the constable was not such a secreting of property, within the meaning of the act, as to subject the defendant to a conviction for a misdemeanor. The refusal of a defendant to apply money, &c. of which he is possessed, to the payment of a judgment rendered against him, subjects him to a warrant, upon which he may be committed until the payment of the debt; but he cannot, for such cause, be proceeded against criminally.