
    Payne against The People.
    NEW-YORK,
    May, 1810.
    Taking away a letter from ano« ther, which is °Le° oT"impmty in possession of the person from whom it was taken, is not larceny; noraiw erLE offence ot which a special sessions lias eogiiisance. any n"
    THIS cause came before the court, on the return to , „ . , . a certiorari, directed to a court of special sessions, held before three justices of the peace of Oneida county.'
    
      The return stated, that the defendant was charged gteaifng a jester of consequence, from, the house of Benjamin Pierson, belonging to Pierson, and of the value of 12 dollars and 50 cents; that he was arrested on this charge, and tried by three justices, at his request ; that at the trial he was charged with stealing the . letter, as “ a piece of paper, on which a certain letter of information was written, of the value of 12 dollars and 50 cents.” The prisoner acknowledged that he took away the letter, but inadvertently.
    The evidence was, that the letter had been given to him, by Pierson, to read, at his request; that he went off with it, and being pursued, the same day, the letter was taken from him. The contents of the letter, which was from one Huson to Pierson, consisted of information respecting one John B. Campbell, who was suspected to have been guilty of murdering a certain person found dead in Vernon.
    
    The justices adjudged Payne guilty of the charge of larceny, and fined him 8 dollars and 74> cents, and that he should stand committed till the fine was paid.
    JV. Williams, district attorney, for the prosecution.
    
      N. King, for the prisoner.
   Per Curiam.

The letter was of no intrinsic value, not importing any property in possession of the person from whom it was taken, A bond, bill, or note, was not the subject of .larceny, at the common law; and they certainly had as much worth in themselves as this letter. (1 Hawk. c. 33. s. 22.) The carrying away of the letter was, therefore, neither “ a petty larceny, misdemeanor, breach of the peace, or other criminal offence,” of which the special sessions had cognisance, and the conviction must be quashed.

Conviction quashed.  