State v. Cuningham
Supreme Court of Iowa
Appeal from Scott District Court. The indictment charges the defendant with feloniously stealing from the person of George ~W. Archer, certain Hnited States treasury notes, of the value and denomination, &c., on the 21st of October, 1866, at, &e., the same being the property of the said Archer. Plea, not guilty.
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Appeal from Scott District Court. The indictment charges the defendant with feloniously stealing from the person of George ~W. Archer, certain Hnited States treasury notes, of the value and denomination, &c., on the 21st of October, 1866, at, &e., the same being the property of the said Archer. Plea, not guilty. On the trial there was testimony quite conclusively establishing the larceny, but it also appeared that the money beJonged to said George W. and his brother Thomas J., as partners. Upon these facts the court charged that.if the money was the property of the two Archers as partners,…
1Opinion of the CourtWright, J.
i. indictSnaS0’ : to the poison. The object of this appeal is, not to reverse the judgment below, but to obtain an exposition of the law, as a guide in the disposition 0f subsequent cases presenting the same question.
At the common law it is well settled that an indictment for larceny charging the property to belong to A, would not be sustained by proof that it belonged to A and B, as partners. The rule is different in the case of a bailee; for inasmuch as there is a property in the article stolen in both, special in the bailee and general in the bailor, the property may be described as…
2Cases cited1 opinion
- Hogg v. StateIndiana Supreme Court · 1833
3Cited by7 opinions
- State v. CarnagySupreme Court of Iowa · 1898
- State v. WassonSupreme Court of Iowa · 1905
- State v. FogertySupreme Court of Iowa · 1898
- State v. SavanOregon Supreme Court · 1934
- State v. FlynnSupreme Court of Iowa · 1875
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