Criminal Law Brief People v. Dlugash Procedural History: Lower court convicted the defendant of murder. Appealed. Affirmed. Facts: December 21, 1973 – He, Bush and Geller had been out drinking. Bush had been staying at Geller’s apartment and during the course of the evening Geller had demanded $100 from Bush for rent. Bush rejected the [...]

Criminal Law Brief People v. Jaffe Procedural History: Defendant convicted. Appealed. Conviction sustained by the Appellate Division. Appealed. Reversed. Facts: October 6, 1902, defendant purchased 20 yards of clothe, of the value of 25 cents a yard. The cloth belonged to the copartnership of Goddard & Son. The defendant knew the said property had been [...]

Criminal Law Brief State v. Davis Procedural History: Convicted of attempted murder in the first degree. Appealed. Reversed. Facts: Defendant planned with Mrs. Lourie to have her husband killed so they could collect the insurance money and be together. Defendant sought the help of Leverton in getting an ex-convict to do the job. Defendant paid [...]

Criminal Law Brief United States v. Jackson Procedural History: Convicted at the lower court level. Appealed counts 2 and 3. Affirmed. Facts: June 11, 1976 – Hodges recruited Allen to rob the Manufacturers Hanover branch and Allen agreed and proposed the date of June 14 and told her he had guns in his car. On [...]

Criminal Law Brief McQuirter v. State Procedural History: Found guilty of an attempt to commit an assault with intent to rape. Appealed. Affirmed. Facts: June 29, 1951, Mrs. Allen, a white woman, with her two children and neighbors little girl were on their way home when they noticed appellant sitting in the cab of a [...]

Criminal Law Brief People v. Rizzo Procedural History: Convicted of an attempt to commit the crime of robbery in the first degree. Appealed. Reversed. Facts: January 14th, Rizzo and others planned to rob on Charles Rao of a pay roll valued at about $1,200 which he would be carrying from the bank for the United [...]

Criminal Law Brief Smallwood v. State Procedural History: Convicted in a non-jury trial of three counts of assault with intent to murder his rape victims. Appealed. Reversed. Facts: Defendant had HIV and was aware of his status. He was warned by a social worker that he should practice “Safe Sex”. Defendant raped his victims without [...]

Criminal Law Brief State v. Riggins Procedural History: Jury found defendant guilty of embezzlement. Appealed. Affirmed. Facts: Defendant was the owner and operated of a collection agency. In 1953, defendant called Tarrant and said he was in the collection business and asked to collect the firm’s delinquent accounts. The two reached an oral agreement whereby [...]

Criminal Law Brief Burns v. State Procedural History: Lower court convicted the defendant of larceny as a bailee. Appealed. Acquittal of the accused of the offense of larceny is not inconsistent with his conviction of the statute offense of larceny as bailee. Facts: A constable taking an insane man into custody after pursuit received from [...]

Criminal Law Brief Nolan v. State Procedural History: Lower court convicted defendant of embezzlement. Appealed. Remanded. Facts: Defendant was an office manager of the Federal Discount Corporation. As payments were received from customers, the payments would be placed in the cash drawer. At the end of each day, an accomplice would prepare the daily cash [...]