PEOPLE v. MORTON


308 N.Y. 96 (1954)

The People of the State of New York, Respondent, v. Harry Morton, Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

David F. Price for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


DESMOND, J.

This court now answers for the first time a question old in New York law. May a husband be convicted of the crime of larceny (Penal Law, § 1290) for appropriating the separate property of his wife? Put another way, the question is this: did the various Married Women's Acts enacted, revised and codified between 1848 and 1909 and now appearing as sections 50 and 51 of the Domestic Relations Law,...

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