Edmonds v. State
Nebraska Supreme Court
Error to the district court for Otoe county. Tried below before Chapman, J. In a prosecution for larceny, witnesses called to testify to: the value of the property stolen must show that they possess knowledge of its value.
Read the full summary
Error to the district court for Otoe county. Tried below before Chapman, J. In a prosecution for larceny, witnesses called to testify to: the value of the property stolen must show that they possess knowledge of its value. (Broohs v. State, 28 Neb., 389; Engster v. State, 11 Neb., 539; Abbott, Trial Evidence, p. 307; Wharton, Criminal Evidence [8th ed.], sec. 416; 1 Wharton, Evidence, sec. 446; 2 Wharton, Evidence, sec. 1490; State v. Doephe, 68 Mo., 208; Missouri P. R. Co. v. Coon, 15 Neb., 232.) Any evidence from which the jury may infer the value of the property alleged to be stolen…
1Opinion of the Court
Ryan, C.
Plaintiff in error was convicted of larceny in the district court of Otoe county; his sento""e was imprisonment in the penitentiary for the period of one year. There is but one question to which it is necessary that attention be given, and that pertains to the proof made of the value of the bicycle charged to have been stolen; that is, as to whether it was at least equal to $35. On this point there was no evidence except that of Roy Robinson, the owner of the aforesaid bicycle, who, over proper objections, testified as follows:
Q,. What was the value of the wheel ?
A. I know what its…
2Cases cited3 opinions
- Engster v. StateNebraska Supreme Court · 1881
- Brooks v. StateNebraska Supreme Court · 1889
- Missouri Pacific Railway Co. v. CoonNebraska Supreme Court · 1883
3Cited by5 opinions
- State v. HayesNebraska Supreme Court · 1971
- Spreitzer v. StateNebraska Supreme Court · 1951
- State v. BoswellWest Virginia Supreme Court · 1929
- Edmonds v. StateNebraska Supreme Court · 1895
- Rooney v. StateNebraska Supreme Court · 1897