State v. Underwood
Supreme Judicial Court of Maine
On Report from Nisi Prius, Davis, J., presiding. This- was an Indictment, charging the defendants with the crime of larceny. The articles stolen were alleged to be the property of one Christian Brahn : and the evidence, on the trial, sustained the allegation. It was alleged in the indictment, that the property was stolen from said Brahn, "at Eastport, in the county of Washington.”
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On Report from Nisi Prius, Davis, J., presiding. This- was an Indictment, charging the defendants with the crime of larceny. The articles stolen were alleged to be the property of one Christian Brahn : and the evidence, on the trial, sustained the allegation. It was alleged in the indictment, that the property was stolen from said Brahn, "at Eastport, in the county of Washington.” There was testimony to prove that the property was stolen from the owner, from a vessel, to which he belonged, then at St. Andrews, in the Province of New Brunswick; that the defendants were followed to Eastport,…
1Opinion of the Court
This case was argued, A. D., 1858, and continued for advisement. The opinion, concurred in by a majority of the Court, was drawn up by
Hathaway, J.
The question presented by this case, is, whether or not stealing goods in a British Province, and bringing them; by the thief, into this State, and having them in his possession here, is larceny in this State.
The trial of a person indicted for larceny, at common law, must be had in the county in which it was committed, and, in legal contemplation, where goods are stolen in one county and carried into another, the offence may be prosecuted in *183either…
2Cases cited3 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
- Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
- Commonwealth v. DewittMassachusetts Supreme Judicial Court · 1813
3Cited by11 opinions
- State v. WhiteSupreme Court of Kansas · 1907
- Younie v. StateSupreme Judicial Court of Maine · 1971
- Barclay v. United StatesSupreme Court of Oklahoma · 1902
- Peaper v. StateCourt of Special Appeals of Maryland · 1972
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1970
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