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THE

NEW YORK

CRIMINAL REPORTS.

REPORTS OF CASES DECIDED

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.

BY

WILLIAM H. SILVERNAIL

Vol. IX.

UNIVERSITY

ALBANY, N. Y.:

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

1896.

State Sectio
KFN
6100
AS
N49

V.9
1893-95

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.

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

ALBANY, N. Y.

TABLE OF CASES

REPORTED IN THIS VOLUME.

A.

PAGE

Alexander, People v. (Sup. Ct.).. 512 Altman, People v. (Sup. Ut.)..... 514

B.

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

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Jeffrey, People v. (Sup. Ct.)..... 419 Joues, People v. (Sup. Ct.).. 560 K.

196

Kane, People v. (Ct. Ap.).
Kerrigan, People v. (Ct. Ap.). 555
Kerrigan, People v. (Sup. Ct.)..
Kunz, People v. (Sup. Ct).

L.

...

......

469 171

Leland, People v. (Sup. Ct.)..... 35
Leonardi, People v. (Ct. Ap.).... 318
Lesser, People v. (Sup. Ct.)....
Lewis, People v. (Sup. Ct.)...

199

340

Linzey, People v. (Sup. Ct.)..... 260 Luczak, People v. (B. Supr.).............. 251 Luhrs, People v. (Sup. Ct.)

168

1

Flaherity, People v. (Sup. Ct.)... 253 Frederick, People v. (Sup. Ct.)... 214 Freund, People v. (Ct. Gen. Sess.). 516

.....

G.

Gardner, People v. (Ct. Ap.)..... 404 Gardner, People v. (Sup. Ct.).... 124 Gaynor v. McKane, People ex rel. (Sup. Ct.) 216 Gillette, People v. (Sup. Ct.)..... 193 Girard, People v. (Ct. Ap.) 453 Girard, People v. (Sup. Ct.).. Gleason, People v. (Sup. Ct.).. 194 Gumaer, People v. (Sup. Ct.).

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M.

472

266

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

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P.

People v. Luczak (B. Supr.)..... 472
266
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. Alexander (Sup. Ct.)... 512 People v. McClure (Sup. Ct.)..... 533

......

514
23

234

536

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.)
People v. Brockett (Sup. Ct.)...
People v. Buchanan (Ct. Ap.)..
People v. Burns (Sup. Ct.).
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.)

.....

466
428
185

239

101

165
541

51

People v. McKane (Ct. Ap.) 377
People v. McKane (Sup. Ct.).140, 203
352
178 People v. McMasters (Sup. Ct.).. 49
People v. Meyer (Ct. Gen. Ssss.).. 529
394
583 People v. Milk Exchange (Ct. Ap.) 459
People v. Miles (Ct. Ap.).
People v. Mitchell (Ct. Ap.)...... 206
People v. O'Brien (Sup. Ct.).....
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. Sheldon (Sup. Ct.)..
People v. Smith (Sup. Ct.)
People v. Spiegel (Ct. Ap.)..
People v. Stephenson (Sup. Ct.).. 485
People v. Spiegel (Sup. Ct.)
People v. Stone (Sup. Ct.).... 473
People v.
People v. Underhill (Ct. Ap.)...
Terwilliger (Sup. Ct.).. 73
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.)..

110

334

402

1

253

214

516

404

124
193

453

431 People v. Wilson (Ct. Ap.)

People v. Dailey (Sup. Ct.)
People v. Davis (Sup. Ct.).
People v. Derringer (Sup. Ct.)... 116
People v. Duryea (Sup. Ct.).
People v. Eberspacker (Sup. Ct.). 251
People v. Eichler (Sup. Ct.)..... 168
People v. Ewer (Ct.Ap.).
People v. Flaherty (Sup. Ct.).
People v. Frederick (Sup. Ct.)...
People v. Freund (Ct. Gen. Sess.).
People v. Gardner (Ct. Ap.)......
People v. Gardner (Sup. Ct.)....
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.)
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.).
People v. Kerrigan (Ct. Ap.)..
People v. Kerrigan (Sup. Ct.)
People v. Kunz (Sup. Ct.)...
People v. Leland (Sup. Ct.)..
People v. Leonardi (Ct. Ap.).
People v. Lesser (Sup. Ct.).
People v. Lewis (Sup. Ct.).
People v. Linzey (Sup. Ct.).....

...

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People v. Welch (Sup. Ct.)

144

17

93

24

518

19

People v. Wiman (Sup. Ct.). 304, 490
People v. Wi ner (Sup. Ct.)..... 288
People ex rel. Gaynor v. McKane
(Sup. Ct.)
216
Pillion, People v. (Sup. Ct.). 230

Q.

136

413

277
419

....

.......

.....

560 Quong, People v. (Ct. Gen. Sess.). 531

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PAGE

T.

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

W.

Upson, People v. (Sup. Ct.)...... 295 Warren. People v. (Sup. Ct.) 189

....

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Welch, People v. (Ct. Ap.).
Welch, People v. (Sup. Ct.).
Wilson, People v. (Ct. Ap.)...

152

144

....

93

300

Wiman, People v. (Sup. Ct.). 304, 490
Winner, People v. (Sup. Ct.)..... 288

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