State v. Van Winkle
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. H. C. Traverse, Judge. The defendant was jointly indicted with one Henry Yance for the crime of larceny alleged to have been committed on the sixteenth day of May, 1887; the property stolen being one two-year-old heifer of the value of twenty dollars, and one one-year-old heifer valued at twelve dollars, the property of N. Ruby, , A change of venue was granted to the defendant Yance, and, this defendant having pleaded not guilty,…
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Appeal from Van Burén District Court. — Hon. H. C. Traverse, Judge. The defendant was jointly indicted with one Henry Yance for the crime of larceny alleged to have been committed on the sixteenth day of May, 1887; the property stolen being one two-year-old heifer of the value of twenty dollars, and one one-year-old heifer valued at twelve dollars, the property of N. Ruby, , A change of venue was granted to the defendant Yance, and, this defendant having pleaded not guilty, the case was tried to a jury, and a verdict returned finding him “guilty of the crime of larceny as charged,” and the…
1Opinion of the CourtGiven, J.
— I. We first notice defendant’s exceptions to testimony, and to the giving and refusing certain instructions in connection therewith.
1. Larceny of cattle: evidence. N. Ruby was permitted to testify that he found the cattle described at defendant’s father’s. Defendant contends that this was immaterial, as the state failed to show that he made his home there, or had anything to do with the place or the cattle, and in this connection complains of the *18sixth paragraph of the court’s charge. There was testimony tending to show that defendant made his home at his father’s. He was a single man, and,…
2Cases cited5 opinions
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1879
- State v. MillerSupreme Court of Iowa · 1884
- State v. SchlagelSupreme Court of Iowa · 1865
- State v. AllenSupreme Court of Iowa · 1881
- State v. DietzSupreme Court of Iowa · 1885
3Cited by27 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- State v. BondIdaho Supreme Court · 1906
- State v. CottonSupreme Court of Iowa · 1948
- State v. RowleySupreme Court of Iowa · 1924
- Gale H. Johnson v. John E. Bennett, Warden, Iowa State PenitentiaryCourt of Appeals for the Eighth Circuit · 1969
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