Scarver v. State
Mississippi Supreme Court
Error to the Circuit Court of Pike County. Hon. J. M. Smiley, Judge. Indictment for grand larceny, in the usual form, alleging that the defendant stole certain small articles of merchandise from Ben. Hilburn & Co., on 21st August, 1876. The values of the articles, no one of which exceeded four dollars, together made the sum of one hundred dollars. Plea, not guilty, and trial by jury. The testimony was, that the store of Ben.
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Error to the Circuit Court of Pike County. Hon. J. M. Smiley, Judge. Indictment for grand larceny, in the usual form, alleging that the defendant stole certain small articles of merchandise from Ben. Hilburn & Co., on 21st August, 1876. The values of the articles, no one of which exceeded four dollars, together made the sum of one hundred dollars. Plea, not guilty, and trial by jury. The testimony was, that the store of Ben. Hilburn & Co., merchants, in Summit, Pike County, Miss., had been clandestinely opened, by adroitly raising the bolts, so as to escape observation. The articles mentioned…
1Opinion of the CourtCampbell, J.
The instructions given for the State (No. 1 and No. 2 in the record) are erroneous: the first, because it announces that successive petit-larcenies, when consolidated, constitute grand larceny, which is not true. It is true that, where there is one continuing transaction, the thief may be convicted of the final carrying away, although there may have been several distinct asportations in the view of the law ; but where there are successiv^larcenies, each complete and distinct, and not constituting one continuous transaction, the mere retention and possession by the thief of the fruits of his…
2Cited by10 opinions
- Hawthorne v. StateMississippi Supreme Court · 1881
- West v. CommonwealthSupreme Court of Virginia · 1919
- Commonwealth v. EnglandMassachusetts Supreme Judicial Court · 1966
- In re JonesMontana Supreme Court · 1912
- State v. MandichNevada Supreme Court · 1898
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