Legal Opinion

State v. Rooke

Idaho Supreme Court

Decided December 16, 1904PublishedCited by 20 opinions

APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. Judgment of conviction of grand larceny. The facts are stated in the opinion. The only evidence offered to show that this animal was ever in the possession of Rooke is the fact that she was placed in a pasture along with horses belonging to Rooke and that Rooke settled the pasture bill.

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APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. Judgment of conviction of grand larceny. The facts are stated in the opinion. The only evidence offered to show that this animal was ever in the possession of Rooke is the fact that she was placed in a pasture along with horses belonging to Rooke and that Rooke settled the pasture bill. There is no evidence from which it can even be inferred that the defendant ever knew that this animal had been placed in the pasture, or that any horse had been placed there by others who were not the owners of the same. This…

1Opinion of the Court

STOCKSLAGER, J. —

On the eighth day of September, 1903, an information was filed in the district court of Idaho county, charging the defendant, William Rooke, with the crime of grand larceny. After alleging that the defendant had waived a preliminary examination, the prosecuting officer charges the larceny as follows:

1. That the said William Rooke, on or about the twenty-third day of January, 1903, at the county of Idaho, and state of Idaho, then and there being, did then and there willfully and unlawfully and feloniously steal, take, carry, lead and drive away from the possession of one C. W.…

2Cases cited11 opinions

  1. People v. HallMichigan Supreme Court · 1882
  2. State v. IrwinIdaho Supreme Court · 1903
  3. State v. CreaIdaho Supreme Court · 1904
  4. State v. HarnessIdaho Supreme Court · 1904
  5. State v. BlandIdaho Supreme Court · 1904

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

3Cited by20 opinions

  1. State v. McLennanIdaho Supreme Court · 1925
  2. State v. CypherIdaho Supreme Court · 1968
  3. State v. McKeehanIdaho Supreme Court · 1967
  4. State v. HoaglandIdaho Supreme Court · 1924
  5. State v. McClurgIdaho Supreme Court · 1931

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

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