State v. Ducker
Oregon Supreme Court
Appeal from Clatsop Oouuty. Tbe appellant was indicted for tbe crime of larceny, yas tried, convicted, and sentenced to three years imprisonment. Tbe facts constituting tbe alleged larceny are briefly these: The appellant asked one Theodore Bracker to change a ten-dollar gold piece for him.
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Appeal from Clatsop Oouuty. Tbe appellant was indicted for tbe crime of larceny, yas tried, convicted, and sentenced to three years imprisonment. Tbe facts constituting tbe alleged larceny are briefly these: The appellant asked one Theodore Bracker to change a ten-dollar gold piece for him. Bracker did so; but by mistake, instead of giving the appellant a ten-dollar roll of silver pieces, gave him a roll consisting of ten twenty-dollar gold pieces, or two hundred dollars in gold, instead ox ten dollars in silver. This money the appellant converted to his own use, and refused to make any…
1Opinion of the Court
By the Court,
Prim, J.:
The indictment charges the appellant with the larceny of ten twenty-dollar gold pieces.’ At the trial, the court among other things charged the jury that “if the prosecuting witness delivered to the defendant ten twenty-dollar gold pieces under the belief that he was giving him that number of silver pieces, and the defendant so took them sharing the mistake, and if, upon discovering the mistake, the defendant *395knew or liad the .means of knowing who the owner of the gold pieces was, but he thereupon, nevertheless, converted them to his own use, it was larceny.” This…
2Cases cited2 opinions
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. M'GarrenNew York Supreme Court · 1837
3Cited by4 opinions
- United States v. James Hugh RogersCourt of Appeals for the Fourth Circuit · 1961
- Sapp v. StateSupreme Court of Florida · 1946
- People v. MillerUtah Supreme Court · 1886
- Cook v. StateTennessee Supreme Court · 1954