State v. Ryan
Nevada Supreme Court
Appeal from tbe District Court of tbe Eourtb Judicial District, Humboldt County. Tbe facts are stated in tbe opinion. I. To constitute larceny there must be a felonious taking of tbe property of another, with tbe intent to deprive tbe owner of his interest or property therein, and that the person taking such property should expect to reap some advantage to himself. The property must be taken lucri causa. (Wharton Cr. Law, vol. 2, sec. 1781.) II.
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Appeal from tbe District Court of tbe Eourtb Judicial District, Humboldt County. Tbe facts are stated in tbe opinion. I. To constitute larceny there must be a felonious taking of tbe property of another, with tbe intent to deprive tbe owner of his interest or property therein, and that the person taking such property should expect to reap some advantage to himself. The property must be taken lucri causa. (Wharton Cr. Law, vol. 2, sec. 1781.) II. In the United States, the qualification lucri causa has been accepted by the courts as an unquestioned part of the common law. (Wharton Cr. Law, vol.…
1Opinion of the Court
By the Court,
Beatty, J.:
The defendants in this action were convicted of burglary. They moved for a new trial on the ground that the verdict was contrary to the evidence; and they now appeal from the judgment and the order overruling their motion for a new trial.
The charge in the indictment is that the defendants broke into a tool-house of the Central Pacific Railroad with intent to commit larceny. The bill of exceptions contains all the testimony which in anywise tended to establish the guilt of the defendants, and it amounts simply to this: The three defendants and one other person (who gave…
2Cases cited1 opinion
- People v. JuarezCalifornia Supreme Court · 1865
3Cited by5 opinions
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- State v. ThompsonNevada Supreme Court · 1909