People v. Berlin
Utah Supreme Court
Appeal from an order denying a new trial and a judgment of the district court of the fourth district, Hon. James, A. Miner, judge.
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Appeal from an order denying a new trial and a judgment of the district court of the fourth district, Hon. James, A. Miner, judge. The following is a full statement, of the record: The indictment by apt words charged the larceny by Nellie Berlin from Lena Wright of $100. The bill of' exceptions set forth the evidence on the trial as follows: On the trial of said cause the people gave testimony tending to show the larceny of the $100 as set forth in the indictment and tending to sustain such charge, and the defendant introduced testimony in defense of the-charge set forth in the indictment by…
1DissentSiixth, J.
I' do not concur in the opinion of a majority of the court in this case, and as it seems to me that the opinion of the majority evades rather than decides the questions raised, I am constrained to express my views.
The defendant was convicted of grand larceny. There was evidence for the prosecution tending to show that the *391defendant stole $100 from the possession of Lena Wright on or about February 19, 1893.
Defendant introduced evidence tending to show that on and prior to February 19, 1893, Lena Wright entered into an agreement with defendant and one Gilson whereby Gil-son and defendant were…
2Cases cited5 opinions
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- Brown v. McAllisterCalifornia Supreme Court · 1870
- Aguirre v. AlexanderCalifornia Supreme Court · 1881
- Grand Rapids & Indiana Railroad v. MonroeMichigan Supreme Court · 1881
- Phillips v. JamiesonMichigan Supreme Court · 1883