State v. Newton
Supreme Court of Vermont
This was an indictment for the larceny of a coat, one bracelet, two ear-rings and a breast-pin. The indictment charged: “ That Richard Newton, of Burlington, in the county of Chittenden, on the 16th day of January, A. D., 1869, at said Burlington, with force and arms, one coat to the value of thirteen dollars, the property of one Ebenezer Johnson, one bracelet, two ear-rings and one breast-pin of the value of fifteen dollars, the property of Johanna O’Brien, then and there…
Read the full summary
This was an indictment for the larceny of a coat, one bracelet, two ear-rings and a breast-pin. The indictment charged: “ That Richard Newton, of Burlington, in the county of Chittenden, on the 16th day of January, A. D., 1869, at said Burlington, with force and arms, one coat to the value of thirteen dollars, the property of one Ebenezer Johnson, one bracelet, two ear-rings and one breast-pin of the value of fifteen dollars, the property of Johanna O’Brien, then and there being found, feloneously did steal, take and carry away, contrary to the statue in such case made and provided, and…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
It is urged that the indictment i.s open to the objection of .duplicity, because in a single count it charges the larceny *539of several articles, some of which were owned by one person and some by another. <
Whether the count is double depends on whether it charges more than one larceny. Whether there was more than one larceny depends on whether there was more than one taking and not on the number of articles taken, nor on their ownership. The count alleges but one taking, a single transaction, and is therefore not double. The articles are…
2Cases cited1 opinion
- State v. CameronSupreme Court of Vermont · 1868
3Cited by7 opinions
- People v. IsraelIllinois Supreme Court · 1915
- Sweek v. PeopleSupreme Court of Colorado · 1929
- State v. MjeldeMontana Supreme Court · 1904
- United States v. ScottU.S. Circuit Court for the District of Kentucky · 1895
- State v. PierceSupreme Court of Iowa · 1889
2 more not listed; retrieve them via the Exa API.