THE

NEW YORK

CRIMINAL REPORTS.

REPORTS OF CASES DECIDED.

June 17

IN ALL COURTS OF THE STATE OF NEW YORK,

TOGETHER WITH

LEADING CASES FROM OTHER JURISDICTIONS, INVOLVING
QUESTIONS OF LAW AND PRACTICE, WITH
NOTES AND REFERENCES.

W. C. LITTLE & CO., LAW PUBLISHERS,

1896.

Entered according to act of Congress in the year eighteen hundred and ninety.

five,

By W. C. LITTLE & CO.,

In the office of the Librarian of Congress, at Washington.

Rec. Dec, 19, 1902,

RIGGS PRINTING & PUBLISHING CO., PRINTING, ELECTROTYPING AND BINDING, 27 & 29 COLUMBIA ST., 22, 24, 26, 28 MONTGOMERY, " BEVERWYCK PRESS,"

ALBANY, N. Y.

Barber, People v. (Sup. Ct.)..... 23

Barringer, People v. (Sup. Ct.)... 178

Bates, People v. (Sup. Ct.)....... 234

Bean, People v. (Sup. Ct.). 536

Blakeman, People v. (Ct Gen. Sess.) 533

Brockett, People v. (Sup. Ct.).... 466

Buchanan, People v. (Ct. Ap.)... 428

Burns, People v. (Sup. Ct.)...... 185

Burton, People v. (Sup. Ct.)..... 207

C.

Chase, People v. (Sup. Ct.)...... 239

Christian, People v. (Sup. Ct.)... 101

Connor, People v. (Ct. Ap.)...... 165

Cowie, People v. (Sup. Ct.)...... 541

D.

H.

PAGE

Hall, People v. (Sup. Ct.)........ 17

Hawkins, People v. (Sup. Ct.) 414

481

24

518

19

136

Hayes, People v. (Ct. Ap.).....

Helmer, People v. (Sup. Ct.)...

Hess, People v. (Sup. Ct.).

Hill, People v. (Sup. Ct.).............

Hubbard, People v. (B. Supr.)... 413

Hughes, People v. (Ct. Ap.)..... 277

402

251

Leland. People v. (Sup. Ct.)..... 35

Leonardi, People v. (Ct. Ap.)..

Lesser, People v. (Sup. Ct.)...

Lewis, People v. (Sup. Ct.).....

Linzey, People v. (Sup. Ct.)..... 260

Luczak, People v. (B. Supr.)..

Luhrs, People v. (Sup. Ct.)

318

199

340

168

1

Dailey, People v. Bifp. Ct.... 110

Davis, People v. (Sup. Ct.).. 334

Derringer, People v. (Sup. Ct.)... 116

Duryea, People v. (Sup. Ct.).....

E.

Eberspacker, People v. (Sup. Ct.).

Eichler, People v. (Sup. Ct.)....

Ewer, People v. (Ct. Ap.)...........

F.

Flaherity, People v. (Sup. Ct.)... 253

Frederick, People v. (Sup. Ct.)... 214

Fre and, People v. (Ct. Gen. Sess.). 516

G.

...

472

...... 266

M.

Mackinder People v. (Sup. Ct.).. 267

Mahoney, People v. (Sup. Ct.)... 40

Marvin, People v. (Sup. Ct.). 247

Maxwell, People v. (Sup. Ct.).458, 524

McClure, People v. (Sup. Ct.).... 538

McKane, People v. (Ct. Ap.)..... 377

McKane, People ex rel. Gaynor v.

(Sup. Ct.)

McKane, People v. (Sup. Ct.).... 140

203, 352

McMasters, People v. (Sup. Ct.).. 49

Meyer, People v. (Ct. Gen. Sess.). 529

Miles, People v. (Ct. Ap.)..... 394

7 Milk Exchange, People v. (Ct.

194 Ap.)

216

Gardner, People v. (Ct. Ap.)..... 404

Gardner, People v. (Sup. Ct.).... 124

Gaynor v. McKane, People ex rel.

(Sup. Ct.)

Gillette, People v. (Sup. Ct.)..... 193

Girard, People v. (Ct. Ap.)

Girard, People v. (Sup. Čt.)..

Gleason, People v. (Sup. Ct.)

Gumaer, People v. (Sup. Ct.)

.....

....

453

258 Mitchell, People v. (Ct. Ap)..

216

459

206

...

......

.....

512

514

23

178

234

536

239

101

165

541

110

334

People v. Alexander (Sup. Ct.)...

People v. Altman (Sup. Ct.).....

People v. Barber (Sup. Ct.)...........

People v. Barringer (Sup. Ct.)...

People v. Bates (Sup. Ct.).....

People v. Bean (Sup. Ct.).....

People v. Blakeman (Ct. Gen. Sess.) 583

People v. Brockett (Sup. Ct.). 466

People v. Buchanan (Ct. Ap.).... 428

People v. Burns (Sup. Gt.). ... 185

People v. Burton (Sup. Ct.).... 207

People v. Chase (Sup. Ct.).......

People v. Christian (Sup. Ct.)....

People v. Conner (Ct. Ap.).

People v. Cowie (Sup. Ct.).

People v. Dailey (Sup. Ct.)

People v. Davis (Sup. Ct.)...

People v. Derringer (Sup. Ct.)... 116

People v. Duryea (Sup. Ct.)...... 40

People v. Eberspacker (Sup. Ct.). 251

People v. Eichler (Sup. Ct.)..... 168

People v. Ewer (Ct. Ap.)...

People v. Flaherty (Sup. Ct.).... 253

People v. Frederick (Sup. Ct.)... 214

People v. Freund (Ct. Gen. Sess.). 516

People v. Gardner (Ct. Ap.)...... 404

People v. Gardner (Sup. Ct.)... 124

People v. Gillette (Sup. Ct.)

People v. Girard (Ct. Ap.)...

People v. Girard (Sup. Ct.)....

People v. Gleason (Sup. Ct.).....

People v. Gumaer (Sup. Ct.).....

People v. Hall (Sup. Ct.)

.....

1

193

453

7

PAGE

266

People v. Luczak (B. Supr.)..... 472

People v. Luhrs (Sup. Ct.)

People v. Mackinder (Sup. Ct.).. 267

People v. Mahoney (Sup. Ct.).... 40

People v. Marvin (Sup. Ct.).... 247

People v. Maxwell (Sup. Ct.). 458, 524

People v. McKane (Ct. Ap.)
People v. McClure (Sup. Ct.)..... 538
377
People v. McKane (Sup. Ct.).140, 203

352

394

People v. McMasters (Sup. Ct.).. 49

People v. Meyer (Ct. Gen. Ssss.).. 529

People v. Milk Exchange (Ct. Ap.) 459
People v. Miles (Ct. Ap.)..
People v. O'Brien (Sup. Ct.)..... 51
People v. Mitchell (Ct. Ap.)...... 206
People v. O'Connell (Sup. Ct.)... 225
People v. Olmsted (Sup. Ct.)..... 54
People v. Oettenger (Sup. Ct.)... 292

People v. Pillion (Sup. Ct.).... 230

People v. Quong Kun (Ct. Gen.

Sess.)

531

People v. Sebring (Sup. Ct.)..... 545

People v. Smith (Sup. Ct.)

People v. Sheldon (Sup. Ct.)..

People v.

People v.

People v.

...

312

233, 525

60

...... 295

Spiegel (Ct. Ap.).... 399

Spiegel (Sup. Ct.)

Stephen-on (Sup. Ct.).. 485

People v. Stone (Sup. Ct.)...... 473

People v. Terwilliger (Sup. Ct.).. 73

People v. Underhill (Ct. Ap.)... 172

People v. Upson (Sup. Ct.)

People v. Van Alstyne (Ct. Ap.).. 426

People v. Van Alstyne (Sup. Ct.). 300

People v. Van Zile (Ct. Ap.)...... 330

People v. Van Zile (Sup. Ct.).... 87

People v. Warren (Sup. Ct.)... 189

People v. Welch (Ct. Ap.)....

People v. Welch (Sup. Ct.)

People v. Wilson (Ct. Ap.)

People v. Wiman (Sup. Ct.). 304, 490

People v. Wier (Sup. Ct.)..... 288

People ex rel. Gaynor v. McKane

(Sup. Ct.)

Pillion, People v. (Sup. Ct.).... 230
Q.
560 Quong, People v. (Ct. Gen. Sess.). 531

S.

People v. Hawkins (Sup. Ct.).414,

People v. Hayes (Ct. Ap.)...

People v. Helmer (Sup. Ct.) .

People v. Hess (Sup. Ct.)....

People v. Hill (Sup. Ct.).....

People v. Hubbard (Buff. Supr.).

People v. Hughes (Ct. Ap.).

People v. Jeffrey (Sup. Ct.)....

People v. Jones (Sup. Ct.)....

People v. Kane (Ct. Ap.)... 196

People v. Kerrigan (Ct. Ap.)..... 555

People v. Kerrigan (Sup. Ct.)... 469 Sebring, People v. (Sup. Ct.).... 545

People v. Kunz (Sup. Ct.)....... 171 Sheldon, People v. (Sup. Ct.) 312

People v. Leland (Sup. Ct.).... 35 Smith, People v. (Sup. Ct.). 233, 525

People v. Leonardi (Ĉt. Ap.)............. 318 Spiegel, People v. (Ct. Ap.)...... 399

People v. Lesser (Sup. Ct.).. 199 Spiegel, People v. (Sup. Ct.) 60

People v. Lewis (Sup. Ct.)..... 340 Stephenson, People v. (Sup. Ct... 485

People v. Linzey (Sup. Ct.)...... 260|Stone, People v. (Sup. Ct.)

....

473

T.

PAGE

PAGE

Terwilliger, People v. (Sup. Ct.). 73 Van Zile, People v. (Ct. Ap.).... 330 Van Zile, People v. (Sup. Ct.).... 87

U.
Underhill, People v. (Ct. Ap.)... 172
Upson, People v. (Sup. Ct.)...... 295

V.

Van Alstyne, People v. (Ct. Ap.). 426
Van Alstyne, People v. (Sup.
Ct.).....
800