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People v. Hagen

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1925
212 App. Div. 879 (N.Y. App. Div. 1925)

Opinion

February, 1925.


Judgment of conviction of the County Court of Kings county reversed on the law, and a new trial ordered. The crime of extortion was not made out. The money was not obtained from Tumerman with his consent, but was forcibly taken from the hand of his wife in his presence. One of the essential elements of extortion was, therefore, lacking. The indictment was silent as to the crime of grand larceny. If the crime of attempted extortion had been left to the jury under the present indictment, the jury's finding of guilt would not have been disturbed. Kelly, P.J., Rich, Jaycox, Manning and Kelby, JJ., concur.


Summaries of

People v. Hagen

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1925
212 App. Div. 879 (N.Y. App. Div. 1925)
Case details for

People v. Hagen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERCY J. HAGEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1925

Citations

212 App. Div. 879 (N.Y. App. Div. 1925)

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