People v. Miller
Utah Supreme Court
Appeal from a judgment of the district court of the first district, and from an order refusing a new trial. On the trial evidence was introduced which tended to show that the defendant took the property in question under a mistaken belief of title in himself thereto. The other facts sufficiently appear in the opinion. The instruction asked by defendant’s counsel should have been given.
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Appeal from a judgment of the district court of the first district, and from an order refusing a new trial. On the trial evidence was introduced which tended to show that the defendant took the property in question under a mistaken belief of title in himself thereto. The other facts sufficiently appear in the opinion. The instruction asked by defendant’s counsel should have been given. It is an elementary principle that ignorance or mistake in point of fact is in all cases of supposed offense a sufficient excuse: 1 Bishop Or. Law, sec. 801; 1 Wharton Or. Law, sec. 884. In all cases where one…
1Opinion of the Court
Powers, J.:
Tbe appellant was convicted in the first district court of the offense of grand larceny. But one error is alleged, and that arises upon a refusal of the court to charge the jury as requested. It would seem from the record that the request for instruction was made orally at the conclusion of the charge of the court to the jury. The instruction asked was as follows: “If the jury believe from the- evidence that the defendant took this property under color of right, and in good- faith, believing it to be his property, there should be a verdict of not guilty, although it may afterwards…
2Cases cited5 opinions
- Wilson v. . the PeopleNew York Court of Appeals · 1868
- State v. WoodSupreme Court of Iowa · 1877
- Phelps v. PeopleIllinois Supreme Court · 1870
- State v. CliffordNevada Supreme Court · 1879
- State v. DuckerOregon Supreme Court · 1880
3Cited by5 opinions
- United States v. James Hugh RogersCourt of Appeals for the Fourth Circuit · 1961
- State v. ShonkaUtah Supreme Court · 1955
- State v. AllenUtah Supreme Court · 1920
- Wilson v. StateSupreme Court of Arkansas · 1910
- Gaffey v. Acadia InsuranceDistrict Court, D. Massachusetts · 2006