State v. McClellan
Supreme Court of Vermont
Information for stealing an unindorsed bank check for $875. Plea, not guilty. Trial by jury at the September Term, 1908, Chittenden County, Waterman, J., presiding. Verdict, guilty; and that the value of the property was $880. Judgment on verdict. The respondent excepted. The opinion states the case.
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Information for stealing an unindorsed bank check for $875. Plea, not guilty. Trial by jury at the September Term, 1908, Chittenden County, Waterman, J., presiding. Verdict, guilty; and that the value of the property was $880. Judgment on verdict. The respondent excepted. The opinion states the case. If this check had any other than a nominal valne, which could properly be shown by evidence, it was its fair market value at the time and place and in the condition the check was found when the larceny was committed. State v. Smith, 48 Iowa 595; Martinez v. State, 16 Tex. App. 122; Clark v.…
1Opinion of the CourtMunson, J.
The respondent is charged with the larceny of a private mail bag, and of a bank check for $875, signed by J. P. Morgan & Co., payable to the order of E. 0. Webb, and not indorsed. The respondent excepted to the "admission of evidence offered to show that there were funds to meet the check, and to the charge submitting the question of value to the jury. It is contended that the cheek had only a nominal ^alue, and that if the value was more it was its fair market value at the time and place of the larceny, while unindorsed.
Property of this class is made the subject of larceny by P. S. 5755, but…
2Cases cited6 opinions
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Freund v. Importers & Traders' National BankNew York Court of Appeals · 1879
- Whalen v. CommonwealthSupreme Court of Virginia · 1894
- Robbins v. PackardSupreme Court of Vermont · 1859
- State v. MusgangSupreme Court of Minnesota · 1892
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3Cited by19 opinions
- Felkner v. StateCourt of Appeals of Maryland · 1958
- People v. MarquesSupreme Court of Colorado · 1974
- Simmons v. StateCourt of Criminal Appeals of Texas · 2003
- Linahan v. LinahanSupreme Court of Connecticut · 1944
- Miller v. Merchants BankSupreme Court of Vermont · 1980
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