State v. Loomis
Supreme Court of Iowa
Appeal from Clayton District Court.— Hon. L. E. Eel-lows, Judge. Defendant was indicted for the larceny of logs in - the Mississippi river. At the close of the evidence for the prosecution a motion to direct a verdict for defendant was sustained, and the state appeals.~r
1Opinion of the CourtMcClain, J.
The offense charged was the larceny of logs as defined in Code, sec. 4834, and the logs were described as the property of one Chute. It is fundamental that in a prosecution for larceny the ownership of the stolen goods must be alleged, and proven as alleged. State v. Repp, 104 Iowa, 305; State v. Wasson, 126 Iowa, 320, and authorities cited. The evidence as to the ownership of Chute was that the logs found in defendant’s possession bore certain marks, indicating that they had at one time belonged to certain lumber companies, and that these lumber companies had, by a joint instrument signed by…
2Cases cited2 opinions
- State v. WassonSupreme Court of Iowa · 1905
- State v. ReppSupreme Court of Iowa · 1898
3Cited by3 opinions
- State v. McDermetSupreme Court of Iowa · 1908
- People v. CarrilloSupreme Court of Puerto Rico · 1916
- Pueblo v. CarrilloSupreme Court of Puerto Rico · 1916