PEOPLE EX REL. KOONS v. ELLING, SHERIFF 77 N.Y.S.2d 103 (N.Y. 1948). CASE BRIEF

PEOPLE EX REL. KOONS V. ELLING, SHERIFF

77 N.Y.S.2d 103 (N.Y. 1948)

NATURE OF THE CASE: This was a habeas corpus writ to challenge a larceny conviction.

FACTS: Koons (D) drilled a hole into a slot machine, inserted a small wire, and manipulated the wire in such a manner that the money in the machine fell out. D then stole this money. Slot machines were illegal in New York. D plead guilty to petit larceny. D then attacked his conviction on the grounds that the property stolen could not be the object of larceny.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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