State v. Emery
Supreme Court of Vermont
Indictment. Plea, not guilty. Trial by jury at the September term, 1895, Franklin county, Munson, J., presiding. Verdict, guilty. The respondents except. The respondents were indicted jointly for the larceny of certain clothing exposed for drying. At the April term, 1895, informations had been filed against the respondents charging them with the larceny of clothing from several different persons, but not the one named in this indictment.
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Indictment. Plea, not guilty. Trial by jury at the September term, 1895, Franklin county, Munson, J., presiding. Verdict, guilty. The respondents except. The respondents were indicted jointly for the larceny of certain clothing exposed for drying. At the April term, 1895, informations had been filed against the respondents charging them with the larceny of clothing from several different persons, but not the one named in this indictment. The prosecution then knew of the larceny for which the indictment was found. At the aforesaid April term, the respondents pleaded guilty to the informations,…
1Opinion of the CourtTyler, J.
It is an elementary rule in criminal law, that the theft of several articles at one and the same time and place, and by one and the same act, constitutes but one indivisible crime, even though the articles belong to different owners, and that a judgment of conviction or acquittal of the theft of one of the articles is a bar to a prosecution for *112the theft of the others. A prosecution and conviction or acquittal for any part of a single crime bars any further prosecution based upon the whole or a part of the same ■crime.
It is equally well settled that if, on the same expedition, there are…
2Cited by16 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- Commonwealth v. MahoneyMassachusetts Supreme Judicial Court · 1954
- State v. SampsonSupreme Court of Iowa · 1912
- State v. ReedSupreme Court of Vermont · 1969
- People v. SichofskyCalifornia Court of Appeal · 1922
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