Legal Opinion

World v. State

Court of Appeals of Maryland

Decided July 24, 1878PublishedCited by 20 opinions

Appeal from the Criminal Court of Baltimore. The facts of the case are stated in the opinion of the Court. The Court below erred in allowing the larceny of a watch to be given in evidence. The point of inquiry under the indictment is, whether or not the appellant is a “common thief.” The evidence authorized by the statute creating the offence is, “any evidence of facts or reputation proving that such person is habitually and by practice a thief.”

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Appeal from the Criminal Court of Baltimore. The facts of the case are stated in the opinion of the Court. The Court below erred in allowing the larceny of a watch to be given in evidence. The point of inquiry under the indictment is, whether or not the appellant is a “common thief.” The evidence authorized by the statute creating the offence is, “any evidence of facts or reputation proving that such person is habitually and by practice a thief.” The fact that a person has stolen, affords no reasonable inference that he makes a habit and practice of stealing; a single act of larceny should…

1Opinion of the CourtGrason, J.

The appellant was indicted in the Criminal Court of Baltimore on the 30th day of November, 1877, and the indictment contained two counts; the first charging that the appellant was a “a common thief” on the 17th day of November, 1877, and the second, that be was a “common thief” at said city on the 17th day of November, 1876, and from that day to the day of finding the indictment.

At the trial, the State offered in evidence a record of the conviction of the appellant in said Court on the 8th day of March, 1877, of the larceny of a silver watch and also the record of his conviction in the same…

2Cited by20 opinions

  1. Cohen v. StateCourt of Appeals of Maryland · 1937
  2. Archer v. StateCourt of Appeals of Maryland · 1924
  3. Purviance v. StateCourt of Appeals of Maryland · 1945
  4. Hitzelberger v. StateCourt of Appeals of Maryland · 1938
  5. State v. HullSupreme Court of Rhode Island · 1893

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