State v. Blay
Supreme Court of Vermont
Information for grand larceny. Plea, not guilty. Trial by jury at the March Term, 1904, Orleans County, Hcuselton, J., presiding. Verdict guilty; judgment and sentence. The respondent excepted. The exceptions state that in February 1904, when respondent had the talk with the officer which is referred to in the opinion, no complaint or warrant had been issued for the larceny here in question. It was error not to direct a verdict for respondent.
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Information for grand larceny. Plea, not guilty. Trial by jury at the March Term, 1904, Orleans County, Hcuselton, J., presiding. Verdict guilty; judgment and sentence. The respondent excepted. The exceptions state that in February 1904, when respondent had the talk with the officer which is referred to in the opinion, no complaint or warrant had been issued for the larceny here in question. It was error not to direct a verdict for respondent. No felonious intent was shown to exist at the time of the taking! This is necessary. 1 Bish. Crim. Taw, § 207; State v. Smith, 2 Tyler 272; People v.…
1Opinion of the CourtTyler, J.
Information for larceny, trial, conviction and sentence.
It appeared that on October 29, 1900, the respondent hired a horse and wagon at a livery stable in Derby for the professed purpose of driving to the village of Newport, and promised to- return the same day; that he drove to Newport, hitched and left the horse there and went by train to St. Johnsbury; that search was made for the property, but it was not recovered, and has never since been seen by the owner.
1. It also appeared that in February, 1904, an officer arrested the respondent upon a warrant for stealing another horse, and the…
2Cases cited5 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Dunbar v. United StatesSupreme Court of the United States · 1895
- State v. GorhamSupreme Court of Vermont · 1894
- State v. CarrSupreme Court of Vermont · 1864
- Parker v. CoutureSupreme Court of Vermont · 1891
3Cited by19 opinions
- Wood v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- People v. BrighamCalifornia Supreme Court · 1979
- United States v. AdelmanCourt of Appeals for the Second Circuit · 1939
- People v. SteinmetzNew York Court of Appeals · 1925
- State v. AudetteSupreme Court of Vermont · 1970
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