New York Court of Appeals

The People of the State of New York v. . George E. Mills

April 26, 190467 L.R.A. 131

Summary

The New York Court of Appeals affirmed the conviction of George E. Mills for attempt to commit grand larceny in the second degree and attempt to unlawfully remove public documents, holding that taking state property with intent to steal constitutes a trespass and an attempt even though a district attorney consented. The Court rejected the defense that the state’s officers created the crime, finding they lacked authority to deliver the indictments. The judgment was affirmed. Two dissenting opinions (O’Brien and Bartlett) argued that the state’s entrapment barred liability and urged reversal.