People v. . Dumar

Citations

• 13 N.E. 325
• 106 N.Y. 502
• 8 N.Y. Crim. 263
• 11 N.Y. St. Rep. 19
• 61 Sickels 502
• 1887 N.Y. LEXIS 902

Syllabus

<p>An indictment under the Code of Criminal Procedure (§ 275) must charge the crime and also the act constituting the crime. The omission of either of these things is fatal to an indictment.</p> <p>And if one of several acts constitutes the crime, the several acts must be separately stated in diSerent counts of the indictment.</p> <p>The evidence given against defendant must tend to prove the criminal act charged in the indictment; proof of some other act not charged, but which constitutes the crime charged, is insufficient.</p> <p>An indictment which charges defendant with a common law larceny by unlawfully and feloniously stealing, taking, and carrying away, is not sustained by evidence that defendant obtained the property by false representations.</p>