State v. Carr
New York Court of General Session of the Peace
Indictment for Larceny. The defendants’ counsel requested the Court to charge the jury, inter alla, as follows : 1. That it is the duty of the jury at every stage of their progressive inquiry as to the guilt of the prisoner, from the first to the last, to give the prisoner the benefit of any reasonable doubt which they may have as to his guilt. State vs. Green, Houst. Crim. Cas., 233; State vs. Buchanan, Houst. Crim. Cas., 89, 90. 2..
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Indictment for Larceny. The defendants’ counsel requested the Court to charge the jury, inter alla, as follows : 1. That it is the duty of the jury at every stage of their progressive inquiry as to the guilt of the prisoner, from the first to the last, to give the prisoner the benefit of any reasonable doubt which they may have as to his guilt. State vs. Green, Houst. Crim. Cas., 233; State vs. Buchanan, Houst. Crim. Cas., 89, 90. 2.. A reasonable doubt is such a doubt as will prevent a reasonable man from reaching a conclusion to a moral certainty. Such a doubt should enure to the acquittal…
1Opinion of the Court
Boyce, J.,
charging the jury :
Gentlemen of the jury:—The Court has been requested to instruct you to find a verdict of not guilty for the defendants. We decline to so instruct you, leaving the case in your hands to be determined by you upon the evidence.
Where an indictment for larceny is found within the time limited by law, we may say that the time laid therein is not material and proof of the larceny, at any time, before the indictment was found, will sustain it.
In this case the indictment charges James Carr, the prisoner at the bar, and Joseph Smith (who has not been apprehended) with *526having…
2Cited by6 opinions
- Reader v. StateSupreme Court of Delaware · 1975
- Laird v. Employers Liability Assurance Corp.Superior Court of Delaware · 1941
- State v. WhiteNew York Court of General Session of the Peace · 1929
- Shaw v. StateSupreme Court of Delaware · 1971
- State v. SwarensSupreme Court of Missouri · 1922
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