People v. Davis
New York Supreme Court
Appeal from court of sessions, Albany county. Joseph Davis was indicted for grand larceny in the second degree and convicted. He appeals. The following is a portion of the charge excepted to: “Circumstantial evidence cannot very well lie. It is quite as safe for a jury to convict on circumstantial evidence, when a proper case is given, as it is on direct, positive-proof. The direct, positive proof may be false; the circumstances cannot be false.
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Appeal from court of sessions, Albany county. Joseph Davis was indicted for grand larceny in the second degree and convicted. He appeals. The following is a portion of the charge excepted to: “Circumstantial evidence cannot very well lie. It is quite as safe for a jury to convict on circumstantial evidence, when a proper case is given, as it is on direct, positive-proof. The direct, positive proof may be false; the circumstances cannot be false. Butyou must remem her one thing, gentlemen,—before you can convict any person of a crime on circumstantial evidence, the circumstances must lead to…
1Opinion of the CourtMayham, P. J.
The defendant was convicted of grand larceny, second degree, in stealing a watch. The facts relied upon to prove the larceny and the guilt of the defendant are stated by the complainant in his testimony substantially as follows: Complainant was tending bar, and at the same time doing work as a carpenter in a saloon of his brother-in-law in Cohoes. Defendant came in, and asked for a drink, which was refused. Complainant then walked into, a closet, and hung up his vest, the pocket of which contained his watch. Defendant followed complainant into the closet, but came out immediately after…
2Cases cited1 opinion
- People v. TrimbleNew York Supreme Court · 1891
3Cited by6 opinions
- Mason v. StateIndiana Supreme Court · 1908
- People v. HasenstabAppellate Division of the Supreme Court of the State of New York · 1954
- State v. ScottWashington Supreme Court · 1915
- State v. GrayWashington Supreme Court · 1917
- In re DonnellyNew York Supreme Court · 1938
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