Hamilton v. State
Ohio Supreme Court
This is a writ of error, to the court of common pleas of Lawrence county. The plaintiff in error was indicted for horse stealing. The court charged the jury that if the horse was stolen by the accused in the State of Illinois, and brought by him into the State of Ohio, he might be convicted of the crime of horse stealing in this state. This charge is claimed to be erroneous.
1Opinion of the CourtLane, C. J.
The question on the record is not new, but has often arisen here and elsewhere. In Tennessee, Kentucky, and Pennsylvania, possession, by the thief, of property in one state which has been stolen in another, is not held sufficient for conviction. Such has been the doctrine in New York, although against the opinion of a late chief justice; but the power to convict, in such cases, has now been given by statute. In Massachusetts and Connecticut, such convictions have always been sustained. In England, the original taking must be within the kingdom.
A majority of the court entertain the opinion…
2Cited by3 opinions
- Van Buren v. StateNebraska Supreme Court · 1902
- Opinion No., Oklahoma Attorney General Reports1974
- Opinion No. 73-300 (1974) Ag, Oklahoma Attorney General Reports1974