State v. McCarty
North Dakota Supreme Court
Appeal from District Court, Stark County, Frank T. Lenibke, J. Clifford A. McCarty was convicted of grand larceny and appeals. If defendant did so obtain the property, without fraud or deceit, he is not, under the law, guilty of larceny, no matter what intent he may have formed thereafter. This is well settled by the authorities. 2 Sackott, Instructions, §§ 30-32; Starch v. State, 63 Ind. 283, 29 Am.
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Appeal from District Court, Stark County, Frank T. Lenibke, J. Clifford A. McCarty was convicted of grand larceny and appeals. If defendant did so obtain the property, without fraud or deceit, he is not, under the law, guilty of larceny, no matter what intent he may have formed thereafter. This is well settled by the authorities. 2 Sackott, Instructions, §§ 30-32; Starch v. State, 63 Ind. 283, 29 Am. Ecp. 762; State v. Meldrum, 70 Pac. 526. The court invaded the province of the jury in assuming and informing them that in his mind the crime charged had been committed, thus taking from the jury…
1Opinion of the CourtEnglert, District J.
The defendant was convicted of the crime of grand larceny and appeals.
The information charged that the defendant, “did by fraud or stealth, wilfully, unlawfully, and feloniously, take, steal, carry or drive away,” five calves, belonging’ to Edward Jossucks, without his consent and “with intent then and there to deprive the owner thereof.”
To enable an intelligent understanding and disposition of the questions raised on this appeal, it becomes necessary to set forth the material substance of the state’s evidence.
A1 Metzler testified that in the fall of 1918 he had several talks with the…
2Cases cited15 opinions
- People v. MorinoCalifornia Supreme Court · 1890
- People v. DevineCalifornia Supreme Court · 1892
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. ReillyNorth Dakota Supreme Court · 1913
- State v. RiggsIdaho Supreme Court · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ThorsonNorth Dakota Supreme Court · 1978
- State v. WilliamsNorth Dakota Supreme Court · 1967
- People v. HaackCalifornia Court of Appeal · 1927
- State v. BoweNorth Dakota Supreme Court · 1928
- State v. MarcovitzNorth Dakota Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.