People v. Stecker

No doubt a larceny was committed in this case. There is proof of caption and asportation. True the complainant’s identification of the thief is weak and perhaps insufficient; yet there is some testimony that presents a question of fact for a trial jury. Officer Kenny testified before the grand jury that, in the course of a conversation about the case held immediately after the larceny was committed, the defendant stated that he was “ broke ” and admitted that he was “ out taking a chance to steal something.” This is sufficient prima facie proof.

On the question of the resubmission to the grand…