Legal Opinion

State v. Kane

Supreme Court of Louisiana

Decided November 15, 1881No. 8300PublishedCited by 7 opinions

1 PPEAL from the Criminal District Court for the parish of Orleans. A. Boman, J. First — In an information for larceny it is sufficient to allege the ownership of the property stolen to be in the ostensible or apparent owner. 33 An. 122; Wharton on Criminal Law, 8th ed-, vol. 1, Sec. 945. Second — Time is not of the essence of the commission of larceny, and the information is satis- • fied hy proof of any day anterior to the filing of the charge, provided it be within one…

Read the full summary

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

The defendant appeals from a convietion and sentence under a charge of larceny of some money, the alleged property of Mrs. Mary Schoemmehl.

He reserved a bill of exceptions to the ruling of the judge in admitting testimony showing that the offence was committed on the 28th of December, 1880, because the information charged that it had been committed on the 4th of January, 1881. It is now not an open question that time is not of the essence of the commission of the- offence of larceny, provided the proof shows that the offence was committed…

2Cited by7 opinions

State v. AndersonSupreme Court of Louisiana · 1914
State v. BabineauxSupreme Court of Louisiana · 1919
State v. BarnhartSupreme Court of Louisiana · 1918
State v. StoverSupreme Court of Louisiana · 1903
State v. AcebalSupreme Court of Louisiana · 1903

2 more not listed; retrieve them via the Exa API.