Appellant contends that the indictment is insufficient as failing to allege a "statement of the act constituting the crime" (Code Crim. Pro., § 275, subd. 2). The proof was that the crime was attempted when defendant tried to open a metal cash box with the aid of a screwdriver and appellant asserts that these alleged acts were required to be pleaded. The indictment fully complies with the statute defining larceny (Penal Law, §§ 1290, 1296) and with that setting...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
