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PEOPLE v. MORTON

284 A.D. 413 (1954)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1954.

Attorney(s) appearing for the Case

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

Mina Louise Flax and William Sonenshine for respondent.

ADEL, WENZEL and SCHMIDT, JJ., concur with BELDOCK, J.; NOLAN, P. J., concurs in separate opinion, in which ADEL, WENZEL and SCHMIDT, JJ., concur.

BELDOCK, J.

Defendant was indicted for grand larceny, second degree, in that he stole $350 from Katherine Morton. On inspection of the grand jury minutes, it appeared that complainant was defendant's wife. The County Court thereupon granted defendant's motion to dismiss the indictment on the ground that a husband may not be convicted of larceny of the property of his wife. In my opinion, the determination of...

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