Legal Opinion

People v. Frank

Idaho Supreme Court

Decided January 15, 1868PublishedCited by 4 opinions

Appeal from tbe second judicial district, Boise county. Tbe verdict of tbe jury was as follows: “ We, tbe jury, find a verdict of guilty against tbe defendant for grand larceny, for stealing tbe property of M. Whiteman & Co., namely, gold specimens to tbe amount of sixty-five dollars, more or less; also gold coin to the amount of about ninety dollars, and two gold buckles valued at twelve or fifteen dollars, tbe property of M. Whiteman & Co., which was stolen June, 1867, at…

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Appeal from tbe second judicial district, Boise county. Tbe verdict of tbe jury was as follows: “ We, tbe jury, find a verdict of guilty against tbe defendant for grand larceny, for stealing tbe property of M. Whiteman & Co., namely, gold specimens to tbe amount of sixty-five dollars, more or less; also gold coin to the amount of about ninety dollars, and two gold buckles valued at twelve or fifteen dollars, tbe property of M. Whiteman & Co., which was stolen June, 1867, at Centerville, Boise county, I. T.” Tbe remaining facts are sufficiently stated in tbe opinion. cited tbe following…

1Opinion of the Court

Cummins, J.,

delivered tbe opinion of tbe court,

2ConcurrenceKelly, J.

J., concurring in tbe judgment.

Tbe defendant was indicted for grand larceny. On tbe trial tbe jury returned a special verdict, in which they described tbe property set out in tbe indictment, giving its value and stating that it was stolen by tbe defendant from, and that tbe property belonged to, “M. Whiteman & Co.,” but do not say that tbe - Whiteman named in tbe indictment is tbe same with M. Whiteman named in tbe verdict. Upon this tbe court below sentenced tbe defendant to imprisonment in tbe penitentiary.

Tbe error assigned is that tbe…

3Cases cited2 opinions

  1. Commonwealth v. TrimmerMassachusetts Supreme Judicial Court · 1805
  2. People v. McNealyCalifornia Supreme Court · 1861

4Cited by4 opinions

  1. State v. RookeIdaho Supreme Court · 1904
  2. State v. RathboneIdaho Supreme Court · 1901
  3. State v. IrelandIdaho Supreme Court · 1904
  4. State v. Terry Alan EnsmingerIdaho Court of Appeals · 2014

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