State v. Somerville
Supreme Judicial Court of Maine
Exceptions from the Western District Court, Goobenow J. presiding. Somerville was indicted at the March Term, 1842, for feloniously taking sundry books on the eighth day of December, 1841, alleged to be “ of the goods, chattels, books and property of one Zabdiel Hyde, then and there in the possession of one William Hyde.” A witness was introduced to prove the property to be in Z. Hyde.
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Exceptions from the Western District Court, Goobenow J. presiding. Somerville was indicted at the March Term, 1842, for feloniously taking sundry books on the eighth day of December, 1841, alleged to be “ of the goods, chattels, books and property of one Zabdiel Hyde, then and there in the possession of one William Hyde.” A witness was introduced to prove the property to be in Z. Hyde. The counsel for Somerville requested the Judge to instruct the jury that the evidence was insufficient to establish the allegation of property in Z. Hyde, and that such allegation was material, to be made out…
1Opinion of the Court
The opinion of the Court was afterwards drawn up by
Shefley J.
— The first question presented is, whether the proof of property was sufficient. It is contended, that the testimony discloses an arrangement by which Zabdiel Hyde should be the ostensible owner and should hold the property for the benefit of William Hyde. If the purchases were made in the name of the former and held avowedly for the benefit of the latter, a trespasser could not be permitted to impugn the arrangement or question its propriety. Proof that the person alleged to be the owner had a special property, or that he held it…
2Cited by11 opinions
- State v. DanielsWashington Supreme Court · 1922
- State v. TillettIndiana Supreme Court · 1909
- State v. LawlerSupreme Court of Missouri · 1895
- State v. SmallSupreme Judicial Court of Maine · 1960
- State v. ParkerUtah Supreme Court · 1943
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