Legal Opinion

State v. Potter

Supreme Court of Iowa

Decided March 7, 1922PublishedCited by 10 opinions

Appeal from, Louisa District Court. — Oscar Hale, Judge. The defendant was indicted for the crime of larceny. Verdict of jury finding the defendant guilty, and he was sentenced to the penitentiary for the statutory period. Defendant appeals.

1Opinion of the CourtDe Graff, J.

1. Larceny: ownership devisees. I. The indictment charges one George S. Potter with the larceny of two certain promissory notes. The allegation of ownership therein is as follows: “Both of which notes were the property of David L. Stetson, Pearl Stetson, and Harriett Williams, devisees under the will of Fred B. Stetson, deceased.”

A promissory note is the subject of larceny. Code Section *1644831; Slate v. Orwig, 24 Iowa 102. The identity of notes may b.e established by circumstantial as well as by direct evidence. State v. Hoppe, 39 Iowa 468. And parol evidence is admissible to show the…

2Cases cited12 opinions

  1. State v. VanceSupreme Court of Iowa · 1903
  2. Addison v. PeopleIllinois Supreme Court · 1901
  3. Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
  4. Phinny v. WarrenSupreme Court of Iowa · 1879
  5. Moore v. GordonSupreme Court of Iowa · 1867

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. WrightSupreme Court of Iowa · 1971
  2. Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
  3. State v. ShepardSupreme Court of Iowa · 1955
  4. In Re Estate of WillenbrockSupreme Court of Iowa · 1940
  5. State v. PhilpottSupreme Court of Iowa · 1937

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