The complainant brought this action to recover damages for injuries he claims to have suffered as a result of being knocked down as he attempted to board a bus operated by the accused. At the time of jury selection, the complainant moved to preclude the accused from offering evidence of…
Articles Posted in Sex Crimes
Court Discusses Elements of Grand Larceny
On the night of the accident, a city police officer, while in his patrol car, stopped a man’s automobile in the area where the breaking and entering had occurred. An officer with the sheriff’s department saw a record player, a record player stand, assorted women’s clothing, and a rifle in…
Court Decides if 3 Petit Larceny Convictions Amounts to a Felony
In this case, the Appellant sought review of the sentences imposed based upon inaccurate sentencing guidelines scoresheet, and a written probation order that included a condition which was not pronounced orally at the sentencing hearing. The court reversed the sentence imposed and remanded the case for resentencing. A New York…
Court Discusses Due Process Clause
In this criminal case, petitioner fired several shots into the home of an African-American family and made a statement which he later retracted that he did not want the family in his neighborhood because of their race. A New Jersey Criminal Lawyer said that, he was charged under New Jersey…
Court Discusses Impeachment with Evidence of Prior Conviction
This case is about an appellant who was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). Appellant argued that the evidence presented by the prosecution was insufficient to support his conviction. Although the sufficiency of the proof presented a close question, after…
Defendant Says Court Failed to Instruct the Jury Properly
Appellant was charged with and convicted of robbery of property having a value of less than $100. He raises four points on appeal, one of which requires discussion and reversal. A Palm Beach Petit Larceny Lawyer said that, although the evidence presented at trial would have supported a conviction of…
Court Discusses Elements of Petit Theft
This case is about an appeal filed by a juvenile from an adjudication of delinquency for robbery and a subsequent commitment to the Florida Department of Health and Rehabilitative Services. A New York Criminal Lawyer said the central question presented for review is whether the state established a prima facie…
Defendant Claims Jury Instruction was Inappropriate
In this case, Appellant appeals from a judgment convicting him of the crime of robbery. Appellant’s only contention on appeal is that the trial court erred in failing to give proper instructions as to the lesser included offenses of grand larceny and/or petit larceny. Appellant conceded that he did not…
Appellate Court Agrees Prejudicial Error Committed at Trial
In this criminal case, defendant was convicted by a jury on three counts of willful attempt to evade or defeat his federal income tax due for the years 1970, 1971 and 1972, in violation of 26 U.S.C. § 7201. He was sentenced to one year imprisonment on each count, the…
Court Reverses Grand Larceny Charges
An owner of a truck appeals for the convictions of grand larceny of a truck, petit larceny of its contents, and trespass on property. It was started when a man took possession of the truck and began making monthly installment payments after agreeing to purchase it from a long-time friend.…