Legal Opinion

State v. Hoppe

Supreme Court of Iowa

Decided September 25, 1874PublishedCited by 8 opinions

Appeal from Dubuque District Oourt. On the 17th of November, 1878, an indictment was presented against the defendant, charging that on the 29th day of August, 1873, he “ did feloniously steal, take and carry away divers bank bills, commonly, known and denominated national currency, of divers denominations, the number and denomination of which is to the grand jury unknown, of the amount ■and value of six hundred and fifty dollars, which said bank bills circulated and passed…

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Appeal from Dubuque District Oourt. On the 17th of November, 1878, an indictment was presented against the defendant, charging that on the 29th day of August, 1873, he “ did feloniously steal, take and carry away divers bank bills, commonly, known and denominated national currency, of divers denominations, the number and denomination of which is to the grand jury unknown, of the amount ■and value of six hundred and fifty dollars, which said bank bills circulated and passed as money, and which were then and there the property and in the possession of one J. J. Pfiffner.” In December, 1873,…

1Opinion of the CourtDay, J.

i. criminal mcnt: de-c property.a I. It is objected that the indictment does not set forth the denomination or any description of the notes claimed to have been stolen, except that they were national curremw. The indictment charges that the numher and denomination are .unknown. If a more full description should be required, it would in many cases afford the thief entire immunity.

*469No one from whose safe five hundred dollars, of the usual denominations received in ordinary busines, should be stolen, could testify as to date, number and denomination of the bills taken. It would be a mere 'chance…

2Cited by8 opinions

  1. McDonald v. StateSupreme Court of Florida · 1908
  2. Lang v. StateSupreme Court of Florida · 1900
  3. State v. JohnsonSupreme Court of Iowa · 1930
  4. State v. PotterSupreme Court of Iowa · 1922
  5. Territory of New Mexico v. HaleNew Mexico Supreme Court · 1905

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