State v. Bennett
Supreme Court of Iowa
Appeal from Wapello District Court. The defendant was indicted for stealing a horse. The Court below charged the jury, that if the horse was stolen by the defendant in the State of Missouri, and brought by him into Wapello county, that he might be indicted and convicted in this State. This ruling is the error assigned. The bringing of stolen property into this State does not constitute the crime of larceny in the county into which- it is brought. 1 Moody, 349; 38 Eng.
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Appeal from Wapello District Court. The defendant was indicted for stealing a horse. The Court below charged the jury, that if the horse was stolen by the defendant in the State of Missouri, and brought by him into Wapello county, that he might be indicted and convicted in this State. This ruling is the error assigned. The bringing of stolen property into this State does not constitute the crime of larceny in the county into which- it is brought. 1 Moody, 349; 38 Eng. Oom. ■ L. R., 23; The State v. Brown, 1 Hayw., 100; The People v. Gardner, 2 John., 477; The People v. Shench, Id., 479;…
1Opinion of the CourtBaldwin, C. J.
It is first insisted by the counsel for the •State, that this ruling of the Court is in consonance with the provisions of section 4505 of the Revision of 1860. By this it is enacted, that—
“When the commission of a public offense commenced without this State is consummated within the boundaries ■thereof, the defendant is liable to punishment therefor in this State, though he was without the State at the time of the commission of the offense charged; provided, he con■summated the offense through the intervention of an innocent or guilty agent within this State, or aDy other means *481proceeding…
2Cases cited4 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
- State v. BartlettSupreme Court of Vermont · 1839
- People v. GardnerNew York Supreme Court · 1807
- People v. SchenckNew York Supreme Court · 1807
3Cited by8 opinions
- Worthington v. StateCourt of Appeals of Maryland · 1882
- State v. ButlerSupreme Court of Missouri · 1877
- State v. HipplerSupreme Court of Iowa · 1996
- Schultz v. LainsonSupreme Court of Iowa · 1944
- Hurlburt v. StateNebraska Supreme Court · 1897
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