New York Court of Appeals

The People of the State of New York, Plaintiffs in Error v. James A. Cole, Defendant in Error

January 24, 187143 N.Y. 508

Summary

The New York Court of Appeals affirmed the Supreme Court's reversal and order for a new trial, holding that the testimony of Mrs. Adams, who became ill and could not be cross‑examined through no fault of the defendant, was inadmissible, and that consent of a non‑owner does not excuse larceny.