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Articles Posted in Bronx

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Appellate Court Reverses Grand Larceny Charges

In this case Appellant, defendant below, filed this appeal from a final judgment of conviction and a sentence of three years probation entered pursuant to a jury verdict finding him guilty of two counts of grand larceny. Our review of the record reveals that appellee, the prosecution below, did not…

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Court Discusses Jury Instruction for Lesser Included Offenses

An accused man appeals his conviction for the offense of robbery with a deadly weapon, urging that the trial court erred in refusing to give requested jury instructions on the lesser included offenses of robbery with a weapon, robbery without a weapon, and petit larceny. A New York Criminal Lawyer…

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Court Rules on Elements of Petit Larceny

By information the appellant was charged in one count with breaking and entering a dwelling with intent to commit a felony, aggravated assault, in violation of § 810.01 Fla.Stat., F.S.A., and in a second count with aggravated assault, in violation of § 784.04 Fla.Stat., F.S.A. a Miami Petit Larceny Lawyer…

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Court Discusses Specific Elements of Petit Larceny

In this criminal case, shortly before 10 p.m. on May 16, 1969, the police were summoned by a neighbor to investigate a breaking and entering at the home of the spouses’ victims. The police officers were the first to arrive at the scene. A New York Criminal Lawyer said the…

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Court Discusses Crime of Petit Larceny in Conjunction with Robbery Charges

Appellant was charged by an indictment of committing the crime of robbery. The trial court instructed the jury on robbery and on the lesser offense of attempted robbery and, in so instructing advised the jury that it could bring in one of three verdicts: 1) not guilty, 2) guilty of…

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Court Discusses Concept of Settled Jurisprudence

This is an appealed case from the US District Court for Georgia. The district court dismissed the appellant’s complaint on the basis of the application of a settled jurisprudence in his case, which “held that a state prisoner’s claim for damages is not cognizable if ‘a judgment in favor of…

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Court Decides Whether to Issue Writ of Heabeas Corpus

Appellant, who was petitioner below in a habeas corpus proceeding, seeks reversal of an order of the trial judge denying the writ and remanding him to the custody of the appellee, Custodian of the Florida State Prison. The point for determination on this appeal is the legality of the sentence…

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Defendant Charged with Drug Possession

A New York Criminal Lawyer said in this drug offense case, defendant was found in his apartment with 6¼ grams of heroin about twenty to thirty minutes after a package containing 13 grams of heroin was delivered by mail to his apartment. Customs and postal inspectors had discovered the heroin…

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