State v. Boyd
Supreme Court of Minnesota
Defendant was tried and convicted in the district court for Hennepin county, before Young, J., and a jury, on an indictment for grand larceny. She appeals from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
To render the finder of .lost property guilty of larceny in appropriating it to his own use, if is fiecessary that he found it “under circumstances which gave him knowledge or means of inquiry as to the true owner.” Pen. Code, § 425. This was so at common law. State v. Levy, 23 Minn. 104. It is not necessary that the finder should know who the owner is, but he must have such means of inquiry on that subject as to give him reason to believe that, with reasonable effort on his part, the owner will be found.
In' his instructions to the jury the learned trial judge entirely omitted this essential…
2Cases cited1 opinion
- State v. LevySupreme Court of Minnesota · 1876
3Cited by5 opinions
- Berry v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Rose v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. McCartyNorth Dakota Supreme Court · 1921
- State v. HoshawSupreme Court of Minnesota · 1903
- Fruit Dispatch Co. v. MurphySupreme Court of Minnesota · 1903