Legal Opinion

Lohrey v. State

Mississippi Supreme Court

Decided October 15, 1907PublishedCited by 1 opinion

From the circuit court of Harrison county. How. William H. Hardy, Judge Lohrey, appellant, was indicted, tried and convicted of grand larceny, sentenced to the penitentiary for two years, and appealed to the supreme court. The opinion of the court states the facts. If the testimony of the appellant is to be believed, he committed no crime, but was the lawful custodian of Wallace’s money on the occasion in question.

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From the circuit court of Harrison county. How. William H. Hardy, Judge Lohrey, appellant, was indicted, tried and convicted of grand larceny, sentenced to the penitentiary for two years, and appealed to the supreme court. The opinion of the court states the facts. If the testimony of the appellant is to be believed, he committed no crime, but was the lawful custodian of Wallace’s money on the occasion in question. Accordingly appellant had the right to prove every fact favorable to himself and have the jury pass on the evidence. Of course, if the testimony of the injured party, Wallace, is…

1Opinion of the Court

Calhoon, J.,

delivered tbe opinion of tbe court.

This case has heretofore been affirmed without writing. A suggestion of error is filed, which seems to insist that tbe court should write when the statute does not require it. Accordingly, out of deference to counsel, we do write.

*855Without going into all the details of this case, which overwhelmingly show guilt as charged, it need only be said that a man named Wallace and the defendant seemed to be having their own peculiar enjoyment in bawdy houses and saloons. In one of these houses of ill fame Wallace discovered that three twenty dollar bills…

2Cited by1 opinion

  1. Piazza v. StateMississippi Supreme Court · 1971

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