State v. Clark
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. Charles W. Morse, Judge. The defendant was convicted of the crime of grand larceny and appealed. The unexplained possession by one person of goods belonging to another is not of itself evidence that a larceny has been committed; and before any inference can be drawn from the evidence of such possession it must be proved that the goods in question had been stolen. 18 Am. and Eng.
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Appeal from the Third District Court, Salt Lake County.— Hon. Charles W. Morse, Judge. The defendant was convicted of the crime of grand larceny and appealed. The unexplained possession by one person of goods belonging to another is not of itself evidence that a larceny has been committed; and before any inference can be drawn from the evidence of such possession it must be proved that the goods in question had been stolen. 18 Am. and Eng. Ency. of Law (2 Ed.), 486, and cases cited; People v. Swasey, 6 Utah 93; People v. Hart, 10 Utah 204; People v. Williams, 57 Cal. 108; People v. Getty, 49…
1Opinion of the CourtBartch, J.
The defendant was prosecuted for and convicted of the crime of grand larceny. Upon-sentence for a term of imprisonment in the penitentiary having been pronounced against him, he appealed to this court.
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*57It appears from the record that on the night of April 27,1903, J. H. Clark, the defendant, Albert Clark, Z, Graham, C. F. Johnson, and others, were together in a saloon in Salt Lake City, and had been drinking, that Johnson was considerably under the influence of liquor, and that while standing at the bar of the saloon, talking with others, Graham reached into Johnson’s pocket and took…
2Cited by3 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- State v. ClarkeNevada Supreme Court · 1924
- In re ClarkUtah Supreme Court · 1904