People v. Ashworth

220 A.D. 498, 222 N.Y.S. 24 (1927)

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Nature of the Case

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Facts

D was the mill superintendent of the A-O Worsted Co., Inc., His brother Alfred was the vice-president and principal stockholder of the Midland Wool Combing Co., Inc. The Lockport Felt Company made an agreement with Ds for the combing of 20,000 pounds of raw wool. Another agreement was entered into between the Lockport Company and Ds for spinning the same wool into yarn at a price of twenty cents a pound. Midland Company had no facilities for spinning wool, and all of the yarn was spun in the plant of the A-O Company by the Ds, who used for that purpose the machinery, the spinning facilities, and the laborers of the A-O Company. The wool, when spun, was shipped to the Lockport Company, and that company paid the Midland Company by check for the work, upon invoices rendered. Ds were indicted for conspiracy and grand larceny; for conspiring to cheat and deprive the A-O Worsted Co., Inc., of its money and its property and the use of it. Ds demurred to the indictment, and the demurrer was overruled. That was overruled, and Ds were found guilty and appealed. The statute they were convicted upon stated it was necessary to defraud someone of their property to be guilty of larceny. Ds claim there was no larceny, and also there were no overt acts were performed in furtherance of the conspiracy.