State v. Larson
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. The defendant was indicted, tried, convicted, and. sentenced for the crime of larceny.
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Appeal from Cerro Gordo District Court. The defendant was indicted, tried, convicted, and. sentenced for the crime of larceny. The charging part of the indictment is as follows: ‘‘Defendant, March 26, 1890, did take, steal, and carry away thirty-two bushels of flaxseed, with sacks containing the same, to the value of thirty-five dollars, and the property of Lewis Larson, and forty-eight bushels of flaxseed in sacks of the property of David Perry, of the value of forty-five dollars, all of said property being there and then in the possession of said Lewis Larson. The defendant appeals.
1Opinion of the CourtGiven, J.
I. On the trial, and after the examination of the first witness was begun, the appellant moved 1. Larceny: indictment: duplicity. that the state be required to elect whether to proceed on the charge oi larceny ox the thirty-two bushels of flaxseed or of the forty-eight bushels. The appellant complains of the overruling, of this motion, • and contends that the indictment charges two distinct larcenies. The charge is that at the same time and place the defendant did take, steal, and carry away this flaxseed, the property of the persons named. That the property stolen was owned by different…
2Cases cited2 opinions
- State v. Ridley & JohnsonSupreme Court of Iowa · 1878
- Green v. CochranSupreme Court of Iowa · 1876
3Cited by18 opinions
- State v. SampsonSupreme Court of Iowa · 1912
- Furnace v. StateIndiana Supreme Court · 1899
- People v. IsraelIllinois Supreme Court · 1915
- State v. SpencerUtah Supreme Court · 1897
- State v. EllingtonSupreme Court of Iowa · 1924
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