State v. Finnegean
Supreme Court of Iowa
Appeal from Cerro Gordo District Court.— HoN. J. F. Clyde, Judge. The indictment accused the defendant of having committed the crime of larceny, and was in two counts, the first of which charged that he Did, on the day stated, embezzle and convert to his own use certain money, the same being lawful money-of the United States, in the amount and of the value of two hundred and sixty dollars, without the consent of’ the owner thereof, the said money being then and there the…
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Appeal from Cerro Gordo District Court.— HoN. J. F. Clyde, Judge. The indictment accused the defendant of having committed the crime of larceny, and was in two counts, the first of which charged that he Did, on the day stated, embezzle and convert to his own use certain money, the same being lawful money-of the United States, in the amount and of the value of two hundred and sixty dollars, without the consent of’ the owner thereof, the said money being then and there the property of one Stephen Mulrooney, and having been delivered to the said Peter Fin-negean by the said Stephen Mulrooney…
1Opinion of the CourtLadd, J.
1. Larceny: embezzlement; indictment; election. The indictment, in charging larceny by embezzlement in the first count, and by theft in the second, is said to violate the statute providing that “ the indictment must charge but one offense, but the particular crime may be charged in different forms to meet the testimony, and, if it may have been committed in different modes and by different means, may allege the modes and means in the alternative.” Its validity then depends on whether larceny and embezzlement are but one offense. Larceny, as defined by statute, is like that at the common law,…
2Cases cited18 opinions
- Griffith v. StateIndiana Supreme Court · 1871
- State v. HillNebraska Supreme Court · 1896
- State v. PorterSupreme Court of Missouri · 1858
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1882
- Klauber v. BiggerstaffWisconsin Supreme Court · 1879
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3Cited by8 opinions
- State v. GriffinSupreme Court of North Carolina · 1953
- State v. QuackenbushSupreme Court of Minnesota · 1906
- State v. DowdenSupreme Court of Iowa · 1908
- Vick v. HowardSupreme Court of Virginia · 1923
- State v. ElliottSupreme Court of Kansas · 1921
3 more not listed; retrieve them via the Exa API.