State v. Pettis
Supreme Judicial Court of Maine
On exceptions. The city marshal of Portland, on the twenty-third day of January, 1873, made complaint to the municipal court, that Charles Pettis, on the second day of the same month, “one cradle, of the value of two dollars, of the goods, chattels and property of Charles A. Dalton, in the possession of said Dalton being found, feloniously did steal, &c.”
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On exceptions. The city marshal of Portland, on the twenty-third day of January, 1873, made complaint to the municipal court, that Charles Pettis, on the second day of the same month, “one cradle, of the value of two dollars, of the goods, chattels and property of Charles A. Dalton, in the possession of said Dalton being found, feloniously did steal, &c.” At the trial before the superior court the government called but two witnesses ; Eliza J. Googins who said that the cradle was hers; she lent it to Phebe Dalton, to whom she partly bargained it for fifty cents; afterwards saw it, newly…
1Opinion of the CourtDickerson, J.
It is not competent for a person charged with larceny of goods to introduce evidence of his declarations made after the property came into his possession, that he obtained them by finding.
The allegation of property in a complaint for an alleged larceny of goods is sustained, if the complainant at the time the larceny was committed, held possession of them under a loan from, or contract of sale with the owner.
The rulings and instructions of the judge of the superior court being in accordance with these principles, afford no legal ground of exception. Exceptions overruled.
Walton, Dickerson,…
2Cited by7 opinions
- People v. TomlinsonCalifornia Supreme Court · 1894
- State v. KimballSupreme Judicial Court of Maine · 1976
- State v. SmallSupreme Judicial Court of Maine · 1960
- State v. WhiteSupreme Court of Vermont · 1905
- People v. TomlinsonCalifornia Supreme Court · 1894
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