Robb v. State
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Eield, J. It was error for the court to instruct the jury that the possession by an accused person of property proved to have been recently stolen is sufficient to fasteu the guilt of its larceny upon the accused prima facie, and calls upon him to prove the innocence of his possession. (People v. Ah Ki, 20 Cal., 178; Thompson v. People, 4 Neb., 529 ; Peoplev.
Read the full summary
Error to the district court for Lancaster county. Tried below before Eield, J. It was error for the court to instruct the jury that the possession by an accused person of property proved to have been recently stolen is sufficient to fasteu the guilt of its larceny upon the accused prima facie, and calls upon him to prove the innocence of his possession. (People v. Ah Ki, 20 Cal., 178; Thompson v. People, 4 Neb., 529 ; Peoplev. Juan Antonio, 27 Cal., 404; Durant v. People, 13 Mich., 352; State v. Merrick, 19 Me., 398; Thompson on Trials, 2535; 1 Phillips, Evidence, 638; People v. Noregea, 48…
1Opinion of the CourtNorval, J.
The plaintiff in error was informed against in the Lancaster county district court, charged with the larceny of a gold watch from the person of one Henry Bureham on the 10th day of September, 1890. On the trial plaintiff in error was convicted and sentenced to imprisonment in the penitentiary for the period of two years and six months.
A number of errors are assignee] in the motion for a new trial, but the giving of the fourth paragraph of the charge to the jury only is relied on for a reversal in this court. The instruction to which objection is made reads as follows:
“ You are instructed that…
2Cases cited3 opinions
- Wasson v. PalmerNebraska Supreme Court · 1882
- Smith v. StateNebraska Supreme Court · 1885
- Thompson v. PeopleNebraska Supreme Court · 1876
3Cited by11 opinions
- Metz v. StateNebraska Supreme Court · 1895
- Mantell v. JonesNebraska Supreme Court · 1949
- Dobson v. StateNebraska Supreme Court · 1895
- State v. GillespieSupreme Court of Kansas · 1901
- Durfee v. StateNebraska Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.